Monday, April 12, 2010

LA Times: Pope really a "head of state"?

I say again: the real story is not Hitchens, et. al's attempt to get the Pope arrested. The real story is the movement afoot to strip the Vatican of sovereign status:
But is the spiritual leader of the world's Roman Catholics really a "head of state" as well? Benedict XVI is the head the church's governing body -- known as the Holy See -- which claims many of the privileges of a sovereign country. In recent decades the Holy See has welcomed ambassadors, signed international treaties and used its status to influence developments at the United Nations. That the Holy See is often treated as a state is deeply troubling, for several reasons. For one thing, the Catholic Church isn't truly a sovereign nation; to allow it to play one on the international stage perverts the meaning of statehood. Moreover, the church's claim to statehood gives it even more political influence than it would otherwise wield and grants outsized power to only one of the world's many religions. And its claim is particularly worrisome now that the church -- embroiled in a disturbing scandal that has reached from Boston to Berlin -- is claiming the sort of immunity enjoyed by prime ministers and presidents... ...international law requires that a "state" have four attributes: territory, a permanent population, a functioning government and the ability to engage in international relations. The last requirement largely builds on the others: Whether a state can engage in international relations is decided by whether other states treat it like one... For decades the strange practice of treating the Catholic Church as a state has been bad for women's equality, gay rights and reproductive freedom. The Holy See's fictive statehood allows it to promote its retrograde views on gender and sex in diplomatic settings and during treaty negotiations. Now, the unfolding sexual abuse scandal reveals another dark side of the Holy See's claim to statehood: the extraordinary immunities claimed by the pope in the face of conspiracy accusations that span the globe.

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