Last Friday morning I had the opportunity to hear Pope Benedict deliver his address to the UN General Assembly. My remarks today are designed to explain the contributions I believe the Holy Father has made so far to the continuing development of Catholic legal thought. It is relevant to point out that Pope Benedict expanded on themes dealing with international society, law, and organizations treated by his predecessors such as Benedict XV, Pius XII, Paul VI, and John Paul II. One of these themes that Pope Benedict XVI identified early in his intervention is that the UN is a “family of nations” rather than simply an organization of States. As he said in quoting from John Paul II’s 1995 address to the General Assembly, the UN should be “a moral center where all the nations of the world feel at home and develop a shared awareness of being… a ‘family of nations.’” The foundation for making this claim is his acknowledgement that the work of the UN, by implicit and explicit provisions of its Charter, is to advance the common good of the entire human family rather than the interests of specific groups or States.
While he spoke about many of the issues on which the UN was founded to address, he offered specific focus on concerns with which the social doctrine of the Church is particularly concerned in the present age. In this context, he emphasized the connection between the role of rules and structures that promote the common good and the protection of human freedom. This theme was initiated at the White House welcoming ceremony a few days earlier when the Pope spoke of the exercise of freedom and the responsibilities is carries. This nexus if founded on the reality that genuine human freedom belongs to all and can only be guaranteed by the common good which exists to protect the dignity of everyone rather than just some. In his own words Benedict stated that,
In the name of freedom, there has to be a correlation between rights and duties, by which every person is called to assume responsibility for his or her choices, made as a consequence of entering into relations with others. Here our thoughts turn also to the way the results of scientific research and technological advances have sometimes been applied.
In this regard, I recall the particular efforts of the Holy See during the human cloning debates that led to the adoption of the UN Declaration on Human Cloning in 2005. The Holy Father stated that the scientific and other gains made in recent years must be geared to serving all members of the human family. If this is not the case, it is possible to develop new forms of servitude that denigrate the inherent human dignity that belongs to every member of the human race. As he said, “This never requires a choice to be made between science and ethics: rather it is a question of adopting a scientific method that is truly respectful of ethical imperatives.”
The Holy Father spoke at some length on an issue that is receiving increasing attention in international legal discussions, i.e., the responsibility to protect. This responsibility has two dimensions. The more obvious one involves the rights of nations to protect their own populations from “grave and sustained violations of human rights” and from the consequences of natural and man-made humanitarian crises. However, if a State is incapable or unwilling to meet this responsibility, then the international community has an obligation to intervene. But this latter duty is not without limit for the proper sovereignty of peoples and their governments must be respected. The preferred means of addressing these needs is through diplomatic channels; however, other means, presumably including the use of necessary and proportionate force, may be considered if negotiations and diplomatic efforts fail.
It would have been surprising if the Holy Father did not address the role of the natural law that has been crucial to the growth of international legal norms. Pope Benedict began this portion of his discourse by reminding the audience of the contribution of the Dominican, Francis de Vitoria, to the foundation of international law. (I am sure that the question of time necessitated the deletion of the equally important contributions of the Jesuit, Francis Suárez!) It is within their noteworthy treatises on legal theory that both developed the idea of the “responsibility to protect” that is the product of natural reason that exists among all peoples. At the foundation of this “natural reason” is the principle that everyone bears the image of the Creator, the reality of which is at the core of human rights and the recognition of the dignity of the human person. The Holy Father lost no time in connecting this point with the sixtieth anniversary of the Universal Declaration of Human Rights that will be celebrated later this year. Benedict emphasized that the Universal Declaration was the product of different cultural and religious traditions that were nonetheless capable of recognizing certain fundamental principles about human nature and the corresponding rights and responsibilities that were discovered through the application of natural reason, the bedrock of the natural law. As he said,
the universality, indivisibility and interdependence of human rights all serve as guarantees safeguarding human dignity. It is evident, though, that the rights recognized and expounded in the Declaration apply to everyone by virtue of the common origin of the person, who remains the high-point of God’s creative design for the world and for history. They are based on the natural law inscribed on human hearts and present in different cultures and civilizations. Removing human rights from this context would mean restricting their range and yielding to a relativistic conception, according to which the meaning and interpretation of rights could vary and their universality would be denied in the name of different cultural, political, social and even religious outlooks. This great variety of viewpoints must not be allowed to obscure the fact that not only rights are universal, but so too is the human person, the subject of those rights.
The Holy Father continued his examination of the foundational relevance of human rights by noting that their source is not of human origin, including the actions of the State and international organizations, but from the author of life, Himself. Otherwise, rights become impoverished ideas, subject to human caprice, that are separated from their essential ethical and rational foundations and objectives. This is why the Universal Declaration was established on an eternal rather than a utilitarian form of justice.
One human right given particular attention by the Holy Father is religious liberty. Even in the present day western democracies of the United States and Europe, religious liberty and its inevitable partner, conscience, are under assault. One important reason for protecting religious freedom is that it promotes dialogue between and among peoples that is founded on certain commonly held principles. But it is necessary to keep separate from government control and protect religious belief and practices that concern the common good from the oversight of political action. It is also the further duty of the UN to draw from the truth, coexistence, rights, and reconciliation that emerge from religious beliefs and their exercise.
The Pope expressed his concern over the efforts of civil society and State mechanisms which attempt to regulate or suppress religious beliefs and actions in order to “preserve” other “rights.” This is evident in the U.S. and some western European States today when “abortion rights” are being allowed to trump the conscience of doctors, nurses, and pharmacists who are opposed to participation in the termination or prevention of nascent human life. The suppression of religion, including belief and practices based on belief, should never be the price individuals and religious communities must pay to enjoy the right of participation in public life. As Benedict said, “It should never be necessary to deny God in order to enjoy one’s rights.” In this regard, there should never be a preference for secular ideology over religion nor the partiality of one religion over another. It is vital that both religious worship and the public role of religion in building the social order are protected. I am certain the Holy Father had in mind that contributions made by universities, schools, hospitals, members of professions, and charitable organizations that have a foundation in religious belief also need to be protected when the State, including western democracies, attempt to dictate how these contributions can and cannot be offered to society.
It was no coincidence that Pope Benedict concluded his address by encouraging “Peace and Prosperity with God’s help” to the representatives of all God’s peoples. As we are reminded in scripture when the question who can be saved is raised, Jesus answers, “With men this is impossible, but with God all things are possible.”