Bibliography

Child abuse and the church

Australia. Parliament. Senate. Community Affairs References Committee.
Forgotten Australians: a report on Australians who experienced institutional or out-of-home care as children.
Canberra, ACT: Community Affairs References Committee, The Senate, 2004, 410p, tables, figures, illus., and Online
http://www.aph.gov.au/Senate/committee/clac_ctte/inst_care/report/

This is the first report from the Senate Inquiry into Children in Institutional Care. Its focus is on children who were in institutional and out of home care, mainly from the 1920s until the 1970s and the beginning of deinstitutionalisation. The second report will cover foster care, including information from earlier times but with its main focus on contemporary foster care issues, children in care with disabilities and the contemporary government and legal framework in which child welfare and protection issues operate. The first report includes background information on institutions and the governments' and churches' roles in placing children in care, the treatment of children in care and the long-term effects of experiences while in care. It also canvasses the issues of responsibility, acknowledgement and reparation; access to records and information; and the provision of wide ranging services for care leavers. A central theme of the report relates to abuse of children in institutions, including emotional, physical and sexual abuse and neglect, much of which constituted criminal physical and sexual assault. An appendix sets out legislative provisions governing children in institutions.

Available from: The Senate, Parliament House, Canberra ACT 2600. Internet http://www.aph.gov.au/senate_ca

Bayes, Helen.
Children's rights have long roots: some Quaker insights in 17th century England.
Australian Children's Rights News no.38 Dec 2004: 16-18

In this article the author discusses the history of Quaker ideas and activism concerning children's rights that she identified through her research of 17th century Quaker journals, pamphlets and letters. She investigated the way in which the early Quakers applied their principles of equality and non violence in their relationships with children.

Available from: Defence for Children International (DCI) Australia, GPO Box 3131, Canberra City 2601. Email dci-aust@dynamite.com.au. Internet http://www.dci-au.org/

Cunneen, Chris.
Legal and political responses to the Stolen Generation: lessons from Ireland.
Indigenous Law Bulletin v.5 no.27 Sept 2003: 14-19

In Ireland political and legal actions have been taken since the 1990s to provide compensation to victims of the formerly widespread child removal practices and associated child abuse. The author describes the historical and legal background to these claims for compensation, the role of the Church, and the response of the government and the courts. While not suggesting that the Irish situation is directly comparable with that of the Stolen Generation, nor that the Irish response could be directly applied in Australia, the author does applaud the Irish government's commitment to acknowledging a past institutionalised wrong and addressing the concept of reparation.

Available from: Indigenous Law Centre, Faculty of Law, University of New South Wales, NSW 2052. Email ilbsubscriptions@unsw.edu.au. Internet http://www.ilb.unsw.edu.au/

Dewar, J, ed.; Parker, S, ed.
Family law: processes, practices and pressures: proceedings of the Tenth World Conference of the International Society of Family Law, July 2000, Brisbane, Australia.
Oxford, England: Hart Publishing, 2003, 596p, tables, figures

Papers in these conference proceedings include: Introduction by John Dewar and Stephen Parker; Children's participation in the family justice system: translating principles into practice by Nigel Lowe and Mervyn Murch; Delivery systems for protective services and related legal services for victims of domestic violence within a major American state by Jane Muller-Peterson, Robert Rains and Andrea Jacobsen; Paternalism, participation and placation: young people's experiences of representation in child protection proceedings in England and Wales by Judith Masson; The South African Family Court: a first world ideal in a second world country by Sandra Burman, Emma Dingle and Nichola Glasser; Establishing paternity in judicial proceedings in Spain: what protection for human rights? by Encarna Roca and Isabel Miralles; Suing child welfare agencies: a comparative view from New Zealand by Bill Atkin and Geoff McLay; Adoption - a public or private legal process? the changing social functions of adoption in Ireland and the wider implications for coherence in family law by Kerry O'Halloran; Children and the transformation of family law by Carol Smart; In search of the 'good father': law, family practices and the normative reconstruction of parenthood by Richard Collier; Different approaches to post-divorce family relationships: the example of contact centres in France by Benoit Bastard; Legal and educational interventions for families in residence and contact disputes by Joan Kelly; The reconstituted family in Italian law and society by Valeria Mazzotta; Child-centred, vertically structured and interdisciplinary: an integrative approach to children's policy, practice and research by Annie Steinberg, Barbara Bennett Woodhouse and Alyssa Burrell Cowan; Children's rights and the use of force 'in their own best interests' by Jane Fortin; The distribution of stock options on divorce and proposed changes in American divorce law by David Rosettenstein; Registered partnership in The Netherlands by Gregor Van Der Burght; A comparative study of the transfer of family wealth: from privilege to equality by Maria Donata Panforti; Can international conventions drive domestic law reform? The case of physical punishment of children by Elaine Sutherland; Emancipation of the African woman: fact or fallacy? by Elmarie Knoetze; The state, race, religion and the family in England today by Michael Freeman; Men and women behaving badly: is fault dead in English family law? by Andrew Bainham; Macro social and economic factors in society which influence the success of financial rearrangements on divorce by Alastair Bissett-Johnson; Politics, processes and pressures of legislating for children in South Africa by Julia Sloth-Nielsen and Belinda Van Heerden; The introduction and impact of joint custody in Portugal by Maria Clara Sottomayor. Remaining papers have been separately indexed and can be retrieved under the name of the conference.

Available from: Hart Publishing, Salters Boatyard, Folly Bridge, Abingdon Road, Oxford, OX1 4LB. Email mail@hartpub.co.uk. Internet http://www.hartpub.co.uk

Healey, Justin ed..
Child sexual abuse.
Thirroul, NSW: Spinney Press, 2005, 44p, tables, illus. (Issues in society no.215)

Current information about child sexual abuse from diverse sources including newspapers, magazines, websites, government reports and other organisations is collected in this publication. It is divided into two main sections: Victims of child sexual abuse and Child sex offenders. The following subtopics are covered: incidence and impact; myths; facts about sexual assault; sibling sexual abuse; rise in sex abuse between children; the link between pornography and young sex offenders; indicators of child sexual abuse; effects; reporting child sexual abuse; children and counselling; information for survivors; offender characteristics and modus operandi; paedophile database; the right to silence of the accused and abuse of children under five years; protecting your child; children stalked on the internet; child abusers abroad; child sexual abuse within the church; and why offenders abuse children.

Available from: Spinney Press, PO Box 438, Thirroul, NSW 2515. Internet http://www.spinneypress.com.au

Higgins, Daryl J.
A case study of child sexual abuse within a church community.
Journal of Religion and Abuse v.3 no.1 - no.2 2001: 5-19

The way a Christian church community dealt with child sexual assault allegations of one of its members against another is explored in this article. The article discusses the minimisation and denial of the initial allegations of sexual abuse, the failure to encourage victims to report alleged assaults, inappropriate responses to legal actions, sex role beliefs, doctrines and practices that support patriarchy, appropriate support for victims and perpetrators, polarisation of the church community, poor leadership and issues for the prevention of abuse.

Johnston, Hetty; Ronkey, Carol; Chamley, Wayne.
The Holy See and the United Nations Convention on the Rights of the Child in Australia: an NGO report.
Washington DC: Catholics for a Free Choice, 2005, 16p, plus appendices, tables

The sexual assault and sexual exploitation of children in Australia by members of the Catholic Church is the subject of this report. The report examines the impact of the law of the Holy See on states' compliance with the Convention on the Rights of the Child. It discusses church responses to child sexual assault; the Holy See and the code of the Canon law; the Towards Healing protocols; Australian law on child sexual assault; the impact of the Holy See's laws on Australia's compliance with the Convention on the Rights of the Child; church processes in Australia and action by the Catholic bishops of Australia; lack of confidence in church processes; responses of the church hierarchy to criminal matters; internal versus external processes; focus on alleged perpetrators; protection of alleged perpetrators; the silence of the confessional; meeting claims of former child slaves for unpaid wages; and impediments to compensation.

Available from: Catholics for a Free Choice, 1436 U Street NW, Suite 301, Washington DC 20009, USA. Email cffc@catholicsforchoice.org

Johnston, Hetty.
In the best interests of the child.
North Melbourne, Vic: Pluto Press, 2004, 270p

In this autobiographical account of her family life, both as a child and then as an adult, the author describes the circumstances and effects of the discovery that her seven year old daughter was being sexually abused. She discusses her decision to become a child protection activist and her work since then as an advocate for children's rights and protection against child abuse within the family, school and church.

Available from: Pluto Press Australia, 7 Leveson Street, North Melbourne VIC 3051. Internet http://www.plutoaustralia.com

McClean, Elizabeth.
New child protection unit for church.
Child Abuse Prevention: National Child Protection Clearinghouse Newsletter v.12 no.2 Spring 2004: 11

The Child Protection Unit in the New South Wales assembly of the Presbyterian church commenced in February 2004 in order to deal with allegations of child abuse within the church, to prevent further instances of child abuse and to support parishioners affected by child abuse. This article explains how the unit is progressing.

Available from: Australian Institute of Family Studies, 300 Queen Street, Melbourne Vic 3000. Email publications@aifs.gov.au. Internet http://www.aifs.gov.au/

Meah, Nafees; Petchey, Philip.
Liability of churches and religious organizations for sexual abuse of children by ministers of religion.
Common Law World Review v.34 no.1 2005: 39-61

In recent years civil lawsuits in relation to the sexual abuse of children by ministers of religion have been brought in most common law countries. This article reviews appellate court decisions in the United States, Canada and Australia, and the 2001 House of Lords decision in Lester v Hesley Hall. It discusses the issue of liability of religious organisations in these sexual abuse cases, and discerns reluctance on the part of secular courts to interfere in matters of church organisation. It also comments on the financial impact of awarding compensation against non profit organisations. It suggests that the judgements of other common law jurisdictions will have an important influence on English decisions, and considers differences between United Kingdom law on torts and that of other common law jurisdictions.

Available from: Vathek Publishing. Internet: http://www.vathek.com

O'Callaghan, P; Briggs, F.
Report of the Board of Inquiry into Past Handling of Complaints of Sexual Abuse in the Anglican Church Diocese of Brisbane.
Brisbane, Qld: Queensland Parliament, 2003, 471p, Online (PDF 1.43MB)
http://www.parliament.qld.gov.au/AnglicanReport.pdf

The Corporation of the Synod of the Diocese of Brisbane, responding to community concern at the way in which complaints of sexual abuse and misconduct have been handled in the past by persons in authority in the Anglican Church retained Mr Peter OCallaghan QC and Professor Freda Briggs to act as a Board of Inquiry to inquire into and report upon the handling of such complaints. This document presents the findings and recommendations of the inquiry.

Parkinson, P.
Child sexual abuse and the churches: understanding the issues.
Sydney NSW: Aquila Press, 2nd ed., 2003, 321p, tables

First published in 1997, this second edition has been revised and updated to provide a comprehensive guide to the issue of child sexual abuse in Christian homes and churches. The book includes the personal accounts of many victims of child sexual abuse. The subjects covered include the incidence of child sexual abuse in the Christian community, the perpetrators, the process of victimisation, controversies about child sexual abuse, the effects of the abuse, the struggle of faith for the victims, forgiveness, disclosure and the legal process, disciplinary procedures, and making churches safer for children.

Available from: Aquila Press, PO Box A287, Sydney South, NSW 1235.

Robinson, Geoffrey
Confronting power and sex in the Catholic Church: reclaiming the spirit of Jesus.
Mulgrave, Vic: John Garratt Publishing, 2007, 307p

Before his retirement the author had responsibility for coordinating the response of the Catholic Church in Australia to revelations of sexual abuse within the Church. In this book he critiques the Church's use and misuse of power. He argues for change within the church on the subjects of power and sex, presenting an approach to sexual morality that refers to the Bible and the teaching of Jesus. Although the book does not directly address the sexual abuse of minors by the clergy and the attempts of church authorities to cover it up, its call for change to create a better church is predicated on that sexual abuse and abuse of power.

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