Protecting The Canonical Rights of Children with Special Needs

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Last year, a mother asked me: Can the priest deny my child his first holy communion? The mother shared that her son was diagnosed with a particular mental condition. The priest told her that the child was not able to join the first holy communion preparation because a canon law states, “It is for pastors to exercise vigilance so that children who have not attained the use of reason or whom he judges are not sufficiently disposed do not approach holy communion” (c.914 CIC). This article will address this case in three parts. First, it will explain the rationale behind the norm. The second part will emphasize the ecclesial rights of children and offer a brief analysis of the case. Finally, it will offer some thoughts on promoting the rights of children with special needs.

Part I Rationale of the Law

The main concern underlying canon 914 surrounds the sufficient understanding about the Eucharist.  As a general rule, prior to the reception of a sacrament, the Christian ought to understand what he will receive and what the sacrament means.  For holy communion, one should know that it is a special encounter with the Lord. He should understand that Christ is truly present in the the Eucharist, under the forms of bread and wine. It is sacred food for the Christian. In the case of a child who has not attained the use of reason, the child does not have the mental capacity to understand what the sacrament means. He may not be mentally or psychologically capable to grasp the that the Eucharist is no ordinary bread. In addition, the child must be properly disposed, meaning sufficiently prepared to receive holy communion. Parents and pastors have the duty to prepare children to receive holy communion. They are to instruct children on certain disciplines regarding holy communion like: going to confession if you committed a mortal sin, fasting one hour before communion, how to hold your hands properly, to respond “Amen” etc… Again, if a child lacks the use of reason, then it may be very difficult for him to follow the disciplinary norms for receiving communion. A concern in some cases is that child will not be able to control his behaviors due to lack of reason. The possibility of mistreating the sacred host by throwing it on the ground or spitting it out. Since holy communion is the precious body and blood of Christ, the Church’s most precious spiritual good, it must be protected at all costs.

In this author’s opinion, two things must be understood when reading this norm. First, it is not a perpetual prohibition. Usually, one’s first holy communion occurs at age 7, because in the Church’s tradition this is when most children demonstrate the use of reason. However, not all children are the same. Psychology informs us that some develop faster than others. Other children may need more time. If a 7-year old has yet to attain the use of reason, then perhaps later he will develop the minimum use of reason required by law to receive communion. Second, this norm regards children ascribed in the Latin church. For some Eastern Catholics or Christians, they do allow children who have not yet attained the use of reason to receive holy communion. A distinction needs to be made between the Latin and Eastern churches.

Part II Rights of Children

By baptism, one becomes a member of the church and inherits certain rights and duties (c.96). Therefore, all baptized children have rights, some of which they can exercise freely, even if they are minors. One of these rights is that of receiving the word of God and the sacraments. Canon 213 states, “The Christian faithful have a right to spiritual assistance from sacred pastors out of the spiritual goods of the Church, especially the word of God and the sacraments”.  The right of receiving spiritual goods implies that sacred ministers have an obligation to administer them to the faithful. Priests and deacons have been ordained to serve and share the spiritual riches of the Church. They cannot deny the sacraments unless it is an inappropriate time, the person is not properly disposed, or the person is prohibited by law (c.843 §1).

 In analyzing the aforementioned case, the pastor must not be quick to dismiss the child’s capacity to receive first communion. He must remember that in canon law, any denial or restriction of rights is subject to a strict interpretation (c.18). The child would have to manifest the lack of reason by clear and consistent behaviors. To ascertain this better, the pastor needs to investigate and assess the child’s mental capacity. He ought to speak with the parents and health experts to analyze the seriousness of the child’s condition. If the child demonstrates the bare minimum in grasping the sacrament, then he must be admitted. If there’s any doubt regarding the child’s capacity, then the benefit goes to the child. As a professor of mine noted, “the child does not need a licentiate in theology”. The United States Catholic Conference of Bishops issued guidelines for persons with disabilities in their reception of the sacraments. Regarding children with special needs it noted, “the criterion for reception of Holy Communion is the same for persons with intellectual and developmental disabilities, namely that the person be able to “distinguish the body of Christ from ordinary food,’ even if this is evidenced through manner, gesture, or reverential silence rather than verbally” (https://www.usccb.org/committees/divine-worship/policies/guidelines-sacraments-persons-with-disabilities). Pastors can look to these guidelines as criteria from which they can assess similar situations. In this case, the child’s fundamental right to the sacrament is threatened. The pastor must proceed cautiously, gathering the necessary information and proofs to make a just decision, least he harms the child’s rights.

Part III Final Thoughts

To parents of children with special needs I say, “God loves your children. Jesus died and rose for them just as much as he did for anyone else”. As baptized persons, your children have ecclesial rights which must be recognized and protected. Also, your children look up to you; they learn from you. If they do have special needs, you are given the chance to offer them an example of treating the Eucharist as special food. Yes, it may take more time and energy to teach them, but with God’s grace it is possible. You are the ones closest to your children, you are the ones whom they trust the most. When you receive holy communion reverently, they will follow suit.

“To serve the child first” ought to be the principle for pastors and others involved in the education of children with special needs. They are to offer them every means of spiritual assistance. This might mean the pastor offering a mass for families that have kids with special needs, by leading them in prayer, offering blessings and sacramentals. In addition, the pastor and lay ministers can find creative ways to share church teaching them, even if it means having an exclusive class. It would also mean being flexible by permitting a child with special needs to have “home-schooled” CCD session if necessary. Pastors and catechists can work with the parents to help the child reach the standard required by law to receive Eucharist.

I conclude with a personal experience. In my former lifetime as a pastor, I would distribute communion to someone with special needs. When the time for prayer came, this child of God showed great reverence for Eucharist. She devoutly made the sign of the cross. She never rushed the Lord’s prayer. She always responded “Amen” when I placed communion in her hands. Each time, I almost uttered, “Oh woman how great is your faith” (Mt: 15 28). To me, even with her special needs, she demonstrated more reverence for communion than some who supposedly have the “full” use of reason, yet nonchalantly go up the communion line. It was an example that children with special needs not only have canonical rights, but can exercise them with the liberty of the children of God.

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