The Rule of Law Applies To All
This week saw an event that we believe signals a huge step forward for mankind in its progression towards justice for everyone. The news that Richard Dawkins, humanist campaigner and author of the God Delusion, together with fellow atheist Christopher Hitchens, are planning to present a legal case to CPS prosecutors for the arrest of Pope Benedict XVI over the alleged reports of his cover-up of sexual abuse in the Catholic Church, can only be met with positive appraisal.
This is positive, not for the the act of prosecuting the Pope itself, let’s be clear, this website doesn’t advocate the bashing of the Catholic Church for the fun of it nor any religion for that matter. However the mere fact that such a step, which only a half a century ago would have been deemed an outrage, can now be considered a possibility is a sign that our society and legal system is finally embracing a rational and universal application of the rule of law and human rights, despite the prejudical norms that our heritage still manages to plague us with.
In recent times, the conflict between religious groups and secularists in this country has largely been played out through a series of smaller conflicts on matters where the governance of faith and the law have locked horns on matters such as wearing of religious clothing in the office or in schools, each of those cases being examined and resolved by the courts on its own merits rather than any establishing any overriding principle as to the primacy of the law over religion. This has largely been driven as a consequence of the courts attempt to reconcile various pieces of legislation which attempt to both support religion yet also try to underpin our country’s commitment to human rights – not always an easy marriage.
However, what makes this case different is that it represents a challenge to the seemingly inviolable nature of the head of the Catholic Church and asserts the ultimate authority of the law and it’s precedence over any religious office but more importantly establishes the principle that the Pope is just a normal human being and therefore subject to the same laws as everyone else. Not since the heady days of Henry VIII have we seen such drama.
Coming at a time when the Catholic Church is mired in crisis as a result of the alleged mishandling of child abuse claims, the case undoubtedly says a lot about the Church’s ability to reconcile it’s doctrine with more modern principles of human rights. However, it also demonstrates a lot about our cultural advancement; that we are more readily prepared to question age-old dogma and take action to ensure that we uphold sacred principles such as equality before the law.
No doubt the debate will rage over the coming weeks but whatever the outcome (the implications for international law run longer than we can possibly cover here), we applaud Richard Dawkins and Christopher Hitchens for bringing the issue into the wider public domain so that all of us can have an open discussion on the wider issue of church and state and make progress towards diminishing the old injustices of the past, whatever their origin.
