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Canon 1397 §2 is a paragraph of thecanon 1397 of the1983Code of Canon Law of theCatholic Church; the paragraph states: "A person who actually procures anabortion incurs alatae sententiaeexcommunication".[1][2]
Before theDecember 2021 reform, the content related to this topic was atcanon 1398.
Before theDecember 2021 reform, thecanon 1398 of the1983Code of Canon Law of theCatholic Church stated: "A person who procures a completedabortion incurs alatae sententiaeexcommunication".[3] Due to the reform, the legislation was renumbered as canon 1397 §2 and its wording was changed.[4]
The Catholic Church opposes all forms ofabortion procedures whose direct purpose is to destroy anembryo,blastocyst,zygote orfoetus, since it holds that "human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person - among which is the inviolableright of every innocent being to life".[5]
MgrElio Sgreccia, of thePontifical Academy for Life, has declared that the canonical laws on abortion would also apply to anyone who takes anabortion pill.[6]
CardinalAlfonso López Trujillo, as head of thePontifical Council for the Family, has argued that canon 1398 should also be interpreted in a sense that applies toembryonic stem cell researchers, given that the deliberate termination of embryonic cell reproduction is included as a form of abortion in official Church documents such asDonum Vitae,Evangelium Vitae andDignitas Personae.[7]
In the Catholic Church,excommunication is anecclesiastical censure[8] imposed primarily not as punishment for the deed done, but for the purpose of breaking contumacy and reintegrating the offender in the community.[9]
An excommunicated person is not cut off from the Church, but is barred from receiving theEucharist and the othersacraments, and from taking aministerial part in theliturgy (reading, bringing the offerings, etc.), while still being bound by obligations such as attendingMass.[10]
Nobody is subject to any ecclesiastical censure except for an external violation by that person of a law or precept that is gravely imputable by reason of malice or negligence, but imputability is presumed unless the contrary is clear.[11] Accordingly, no censure applies if the violator is not yet 16 years old, or is unaware (unless because of negligence) of violating a law, or who acted due to physical force or chance occurrence.[12]
While no excommunication can be inflicted in those circumstances,automatic (latae sententiae) excommunication does not apply in certain other cases, of which the1983Code of Canon Law lists ten, including the cases of those who, although over 16 years of age, are still minors, or who act out of grave fear. A penalty or penance can still be imposed in such cases.[13]
A declaration ofrepentance, followed by absolution given by apriest empowered to lift the censure, ends an excommunication such as that imposed by canon 1397 §2.[14]
Canon 915 does not impose excommunication, but instead imposes on the minister of Holy Communion the obligation to refuse the sacrament to those who "obstinately persevere in manifestgrave sin".[15]
In 2009, ArchbishopJosé Cardoso Sobrinho ofOlinda and Recife stated that theautomaticexcommunication had been incurred by the mother and the doctors who had an abortion performed on a 9-year-old girl who was four months pregnant with twins resulting from abuse by her stepfather. His action was disavowed by theNational Conference of Bishops of Brazil and in a front-page article ofL'Osservatore Romano. The episcopal conference declared that the girl's mother certainly had not incurred the automatic excommunication, having acted under pressure to save her daughter's life, seeing thatcanon 1324, as mentioned above, states that automatic censures do not apply to those who act out of grave fear. They also said that there were no grounds for declaring excommunicated any of the doctors who performed the abortion, because this depended on the degree of awareness of each of them, and only such as were "aware and contumacious" were excommunicated.[16]
While at both national and international level the Catholic Church declared that there were no grounds for considering anyone excommunicated in this case, the United NationsCommittee on the Rights of the Child, in itsJanuary 2014 assessment of the Holy See's compliance with the U.N.Convention on the Rights of the Child, cited it and "urge[d] theHoly See to review its position on abortion which places obvious risks on the life and health of pregnant girls and to amend Canon 1398 relating to abortion with a view to identifying circumstances under which access to abortion services can be permitted".[17]
In theCode of Canons of the Eastern Churches (CCEC) for theEastern Catholic Churches, the legislations concerning abortion equivalent tocanon 1397 §2, are canons 728 §2 and 1450 §2. In the CCEC, the excommunication for abortion isnot automatic, and the decision on whether to excommunicate or not those who have performed abortion is up to thelocal bishop.[18]
