The appointments of Nathalie Becquart as undersecretary of the Synod of Bishops and Alessandra Smerilli as secretary of the Dicastery for the Service of Integral Human Development have once again brought to the forefront the role of women in positions of governance in the Catholic Church, their necessity and, above all, the normalization of the presence of women in ecclesial sectors not linked to the priestly ministry.
Monica MonteroThe lawyer and co-president of the Canon Law Section of the Madrid Bar Association points out the steps that are being taken to break the "glass ceiling" that sometimes exists in these sectors and the greater presence of women, especially lay women, in government positions both in dioceses and in the Holy See itself.
In recent years we have been seeing appointments of women to positions of Church governance traditionally held by men, especially priests.. Legally, has this meant any change or was it simply "tradition"?
-Juridically, even when it does not refer to positions of government, the change of mentality and the Pope's implementation of this desire that all the faithful be able to participate in the mission of the Church has its effect in the modification, for example, of canon 230, for example, by giving women access to the ministry of lector and acolyte, by granting a status, a concrete and determined juridical form to the lay ministry of catechist, or by permitting that two of the three judges who judge a cause of matrimonial nullity be laypersons, in conformity with canon 1673.3 (as amended by Mitis Iudex Dominus Iesus), without the need for these appointments to require the authorization of the Episcopal Conference, as was previously regulated.
In Church government positions that do not require ordination to the priesthood, it is rather a matter of breaking the glass ceiling that exists. Pope Francis has urged that the role of the laity, especially women, be given greater consideration. It is about breaking with a long clericalist tradition, as he has indicated in the document of preparation for the Synod of Bishops on Synodality that was released on September 7, 2021:
"The whole Church is called to confront the weight of a culture steeped in clericalism, inherited from her history, and forms of exercising authority in which various types of abuse (of power, economic, conscience, sexual) are inserted. It is unthinkable "a conversion of ecclesial action without the active participation of all the members of the People of God" (Francis, Letter to the People of God (August 20, 2018, preamble n 2).
Pope Francis has wanted to set an example, confronting clericalism, with these appointments, but it is true that more steps still need to be taken at all levels, not only in the Holy See, but also in the particular Churches, so that women who have the required qualifications and pass the selection process have the possibility of being appointed to the positions of judges, chancellor, bursar, etc.
In any case, it is not a question of seeking a parity quota but of having duly qualified lay people.
Do these types of appointments create "jurisprudence"? That is, are they a symptom of normalization of the presence and work of women in these areas?
-The jurisprudence and practice of the Roman Curia could be taken into consideration according to c. 19 when there is no express prescription in universal or particular law or custom and it is necessary to make a decision. If we read the first articles of Pastor Bonus, they speak of the possibility of assigning the faithful to the Dicasteries, evidently not for the offices that require priestly ordination, but for the rest of the offices and even more so when the nature of the Dicastery makes it convenient.
The appointment of women to government positions within the Church should be a symptom of normalization, but it is not yet. Small steps are being taken, with the example that the Pope himself is giving, so that they are assumed with normality and the fact that it is a woman who occupies the position is not highlighted, but rather her qualities, training and experience to develop the position for which she is appointed.
