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UNICEF supports birth control despite Holy See.

The Vatican has failed in its attempt to prevent the UN Children's Fund (UNICEF) from spreading the message of family planning in developing countries. Over the strong objections of the Holy See, the 41-member Executive Board of UNICEF has asked the agency to cooperate with the UN Population Fund (UNFPA) and the WHO "to support family planning in the context of sustainable national healthcare systems." A member of the Executive Board said the Vatican held the view that UNICEF had no legitimate right to be involved in family planning. "But the Holy See was in a minority of one," he said, adding that "the whole problem arises from the fact that the Vatican continues to equate birth control and abortion with family planning." A recently concluded board meeting unanimously adopted a resolution requesting UNICEF to "contribute substantively" to the UNFPA-sponsored International Conference on Population and Development (CPF) set to take place in 1994 in Cairo. The board also asked UNICEF Executive Director James Grant to submit a policy paper "on the involvement of UNICEF in family planning, taking into account the health of the child and the mother." The paper is to be presented for the consideration of the board at its regular session next year, with a view to approving it prior to the ICPD. Prior to the adoption of the resolution, J. Klink, a spokesman for the Holy See, told the Executive Board that there were "concerns" over calls for UNICEF to involve itself in family planning activities. He said UNICEF should not be concerned with family planning because there were other agencies entrusted with that mandate. Responding to the support given by Nordic countries to the UNICEF resolution, Klink said that wealthy nations must not impose dictates as to the "appropriate" size of poor families. "The Holy See would not propose that UNICEF halt its current balanced, informational approach to the spacing of births," he said. "Families must be free to decide their size." UNICEF, he pointed out, had clearly stated that it was not involved in abortion or sterilization and did not provide contraceptives. "UNICEF must continue to respect cultural and religious diversity," he said. At a meeting of the Preparatory Committee of the UN Conference on Environment and Development (UNCED) in April this year, the Vatican succeeded in striking a reference to family planning from a blueprint for development known as Agenda 21. Paragraph 99 of Agenda 21 had originally referred to the need for "integrated healthcare, including universal access to family planning services and the provision of safe contraceptives." But this paragraph was deleted in the final document adopted at UNCED in Rio de Janeiro in June. Given that family planning is the single most effective means with which to contain population growth, the UNFPA considered the omission a retrograde step in handling the dangers of overpopulation and environmental degradation. In Rio de Janeiro, Werner Fornos, president of the Washington-based Population Institute, criticized the Holy See "for interfering in the lives of people throughout the world because of religious dogmas." Grant told the board meeting last month that UNICEF would work with the UNFPA to spread knowledge and support program activities for successful family planning which he said was integral to safe motherhood. Birte Poulsen of Denmark told the meeting that reduced population growth was a prerequisite for sustainable development, and the UNICEF "must accord family planning issues top priority." And Inger Ann Ravum of Norway said the integration of family planning activities into UNICEF's program was welcome.

Behavior↗

Has the Holy See become an NGO?

The Vatican's disruption of the Cairo population conference last week is a sign that it should in future enjoy the status of just another pressure group in relation to international negotiations.

Abortion, Legal↗

The Holy See.

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Americas↗

The Holy See.

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Catholicism↗

Population and development conference commences.

The International Conference on Population and Development (ICPD) opened in Cairo, Egypt, on September 5, [1994] with meetings during the first two days devoted primarily to discussions of the abortion issue. As the RFN [Reproductive Freedom News] goes to press, it appears as if the majority of the world has reached agreement on some abortion-related language for the conference's report. One reference emphasizes that abortion should not be promoted as a method of family planning. A second phrase concerning the worldwide epidemic of unsafe abortion states: "[a]ll governments, intergovernmental organizations, and non-governmental organizations are urged to deal openly and forthrightly with unsafe abortion as a major public health concern." Although the statements were approved by a near-global consensus, a handful of governmental delegations--led by the Holy See--have rejected both phrases; those nations include the Catholic countries of Argentina, Ecuador, Guatemala, Honduras, and Malta. Many governmental delegates have expressed frustration over the amount of time spent negotiating about this one issue. These representatives are fearful that the abortion issue will continue to dominate the talks at the expense of other matters. Look for a more in-depth report on the ICPD, scheduled to conclude on September 13, in the next issue of the RFN. [Center for Reproductive Law and Policy]'s International Program has prepared a briefing paper on the legitimacy of the Holy See's status at the UN.

Abortion, Induced↗

Alienation and administration. System restructuring often entails four types of canonical acts.

When applying canon law to healthcare transactions, difficulties often arise in determining whether the transaction or restructuring in question constitutes a canonical act of alienation or an act of administration. Changes in system governance may leave local property titles untouched, suggesting that no alienation has taken place, but loss of Catholic identity or a reduced ability to carry out the Church's mission may indeed constitute alienation. Often in restructurings, four types of canonical acts are involved: alienation of property (alienation in the strict sense), acts that can jeopardize the stable patrimony (sometimes called alienation in the broad sense), acts of ordinary administration, and acts of extraordinary administration. While alienation concerns the divestiture of ownership, the general purpose of administration is to preserve goods. Acts of extraordinary administration require certain formalities of consent before they can be carried out. However, the intervention of the Holy See is not required, as it is for acts of alienation. The permission may be granted in principle, before a formal offer is received; after an offer is received; or, in some cases, by a "blanket" indult. A restructuring can amount to an alienation unless care is taken to verify to maintain certain reserved powers, thus ensuring that the work is still under the direction or canonical control of the sponsoring religious institute or diocese. Joint ventures, however, seldom involve insoluble canonical problems. Each situation must be evaluated individually and care taken to ensure that the requirements of both eccleslastical and secular law are met.

Canada↗

Private association: opportunity for laity.

The Catholic Health Association recently developed two options for Catholic facilities' sponsorship: the private association of the Christian faithful (PACF) and the private juridic person (PrJP). Canonical implications of PACF collaboration in the healing ministry include the following: It is appropriate for laypersons to fulfill their obligation to spread Gospel values by owning and administering an apostolic institution such as a hospital. PACFs are subject to the vigilance of the Holy See and the diocesan bishop. These associations are distinct from other religious institutes and may comprise laity and/or clergy. PACF members guide the association according to its statutes. A PACF can become a juridic person through formal decree by the competent ecclesiastical authority. The membership of a PACF consists of the health facility's board members and other persons important to the facility. The PACF's responsibilities include sponsorship, adherence to Church laws, commitment to Catholic values, and participation in ongoing education programs. The diocesan bishop is responsible for reviewing the PACF's sponsorship according to its statutes. PACFs would benefit from cooperating with similar associations. At present, separately incorporated hospitals with autonomous boards of trustees are the target audiences for testing alternative sponsorship options.

Catholicism↗

A guide to organizing joint ventures with physicians.

Catholic health care facilities must consider the business and legal risks, canon law, and other constraints when planning a joint venture with physicians. Participants should first establish goals and compatibility, then determine the venture's type (property, service), form ("true," lease, contract), and structure (corporation, partnership, joint property ownership, trust). The administrator must decide whether the facility will participate directly in the venture or form a separate organization. Participants must determine their relationships with the venture, choosing among many options. The administrator should consider whether a venture raises any canon law issues, especially regarding ecclesiastical and secular assets, approval by the local bishop or Holy See, and need for consultation. Other pertinent legal issues include: Fraud and abuse. The venture should not appear as compensation to induce referrals. Physician referrals. Many states prohibit or restrict referrals by physician participants. Antitrust law. Participants may be liable for actions constituting on antitrust violation. Securities low. Organizers must clarify Securities and Exchange Commission registration exemptions and observe state "blue sky" laws. Tax issues. Catholic health care facilities must consider such factors as tax-exempt status, unrelated business income, taxable subsidiaries, and public charity status. Other considerations include tax ramifications for physicians; tax shelter registration; certificate of need (CON), licensing, and building standards; effects on reimbursement and pension plans; organizational and bond documents; corporate medical practice and fee-splitting questions; and labor and contractual issues.

Catholicism↗

UN conference reaffirms reproductive rights.

The United Nations Conference on Human Settlements, also known as the Habitat II conference, met in Istanbul from June 3 to 14. It was the last major UN gathering of this millennium and the first major UN meeting since 1995's Fourth World Conference on Women (the "Beijing Conference")--and thus an important opportunity for a wider international community to weigh in on agreements reached in Beijing and at the International Conference on Population and Development, held in Cairo in 1994. The final document that emerged from Habitat II, the "Global Plan of Action," affirmed crucial elements of those earlier accords. The Habitat documents calls for action to "[d]evelop and implement programmes to ensure universal access for women throughout their life-span to a full range of affordable health care services, including those related to reproductive health care, which includes family planning and sexual health, consistent with the Report of the International Conference on Population and Development." Language adopted at the Cairo meeting is also affirmed in Habitat's call for "universal access to the widest range of primary health care services." Perhaps most significantly, the Istanbul document reiterated an important declaration from the Beijing conference: "While the significance of national and regional particularities and various historical, cultural, and religious backgrounds must be borne in mind, it is the duty of all States to promote and protect all human rights and fundamental freedoms." Most of the 189 UN members and observer states that attended the conference upheld all three of these provisions. Only a small group of states--Argentina, Guatemala, Iran, Jordan, Lebanon, Malta, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates, Yemen, and the Holy See--filed reservations on the health care sections.

Delivery of Health Care↗

[The Carabinieri Vice-Brigadiere Salvo D'Acquisto Gold Medal for Military Valour. Champion of justice and social solidarity].

The paper recalls the life and the altruistic sacrifice that led Salvo D'Acquisto to be known and remebered as a hero. On the 23rd September 1943 the Carabinieri Vice-Brigadiere D'Acquisto saved 22 human lifes accusing himself of a presumed attack against the German occupants, although he was innocent. On the first anniversary of his execution by shooting, he was made gold medal for military valour. The cause for his beatification is currently under examination by the Holy See.

Altruism↗

The angry pope.

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Catholicism↗