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Introduction
With the
promulgation of the Code of Canon Law (Codex Iuris Canonici – CIC) in 1983,
women and men are recognized as members of the Christian faithful, baptized
in Jesus Christ, incorporated into the church from which flow duties and
rights in accord to their condition (canon 96). In virtue of baptism, each
faithful shares in the priestly, prophetic and kingly ministry of Christ
(canon 204).
Women are
either members of the laity (canon 207, 1) or of the consecrated life (canon
207, 2). Women enjoy equality with men in determination of domicile (canon
104), in changing rite at the time of marriage (canon 112, 1b), in
establishing associations of the faithful (canon 299, 1) or in joining them
(canon 298) as well as in choosing a place of Christian burial (canon 1177).
Teaching Function
In
certain cases canon 766 permits lay persons, both men and women, to preach
in a church or oratory without prejudice to the prescriptions for the homily
in canon 767, 1.
In case sacred
ministers are unavailable, lay people, women included, can supply certain of
their functions. For example they can exercise the ministry of the Word,
preside over liturgical prayers, confer baptisms and distribute Holy
Communion in accord with canon 230, 3.
Canon 830, 1
includes the laity among the censors chosen by the local ordinary for
judging books.
Sanctifying function
Canon 861, 2
allows in the absence of an ordinary minister any lay person with the right
intention to lawfully confer baptism.
In accord with
canon 230, 2 a lay person can receive a temporary deputation as lector in
liturgical functions. Likewise, a lay person can be active in the liturgy as
commentator and cantor.
In 1992, the
Pontifical Council for the Interpretation of Legislative Texts permitted
female altar servers. In a letter dated April 12, 1994 from the Congregation
of Worship and the Discipline of the Sacraments advised presidents of
Episcopal conferences that each ordinary would make a prudential judgment on
the matter in his own diocese.
In accord with
canons 230, 3; 910, 2 a lay person can be committed as extraordinary
minister of Holy Communion.
In the absence
of priests and deacons, the local ordinary can even delegate lay persons to
assist at marriages if such an option is granted by the Holy See (see canon
1112).
Women who are
appropriately equipped may with the permission of their bishop administer
certain sacramentals (see canon 1168).
Governing function
Lay persons who
are suited can be admitted to certain ecclesiastical offices (see canon 228,
1). Lay persons with the proper education can be part of councils as experts
and/or advisors in lieu of canon 228, 2.
Lay persons may
exercise the office of chancellor or vice chancellor in the diocesan curia
(canon 482). Likewise, lay persons may serve as diocesan notaries (canons
482, 3; 483,1). A lay person with at least a licentiate in canon law can be
appointed as a judge in a collegiate tribunal (canon 1421, 2, 3). Lay
persons can also serve as auditors (canon 1428, 1, 2), as ponens or
relator (canon 1429), as promoter of justice (canon 1430) or defender
of the bond (canon 1432).
Furthermore,
lay persons can be appointed to parish councils (canon 536,1), to the parish
finance committee (canon 537) and, due to the shortage of priests, a local
ordinary can appoint lay persons as public juridical persons subject to him
(canon 1279,2).
Finally, lay
persons may also be designated to represent the Apostolic See as a delegate
or observer at international councils, conferences or meetings (canon
363,2).
Code of Canons of the Eastern Churches
The common law
for the Eastern Churches likewise reflects conciliar and postconciliar
teachings on the equality and dignity of persons.
With a few
exceptions, women share an equal juridical status with laymen.
Although a wife
is free to transfer to the church of her husband at their marriage
celebration there is no mention whether or not the husband could do likewise
(canon 33).
In contrast to
the Latin code, the Eastern code recognizes abduction or detention of a
person (man or woman) by another for the purpose of marriage as an
invalidating impediment to marriage (canon 806).
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