WHAT HOLY MOTHER CHURCH SAYS ABOUT HOMESCHOOLING
The inviolable principles which this document Christian Education of Youth lays down regarding the Church, family, and State in the matter of education, are based on the very nature of things and on revealed truth. They cannot be shaken by the ebb and flow of events. As for the fundamental rules which it prescribes, these too are not subject to the wear and tear of time, since they are only the faithful echo of the Divine Master, Whose words shall never pass away.
Pope Pius XII in a 1955 papal letter to Cardinal Malines
Educational Content
Religion must not
be taught to youth only during certain hours, but the entire system of
education must be permeated with the sense of Christian piety. If this is
lacking, if this Holy Spirit does not penetrate and inflame the souls of
teacher and pupil, small benefit will be derived from any other sort of
education; instead damage will be done...
A wide knowledge should go hand in hand with care for spiritual
progress; religion must permeate and direct every branch of knowledge
whatever be its nature, and by its sweetness and majesty must make so great
an impression on the minds of youth as to be an incitement to better things.
Therefore, it is the duty of parents to make every effort to prevent
any invasion of their rights in this matter, and to make absolutely sure
that the education of their children remain under their own control in
keeping with their Christian duty, and above all to refuse to send them to
those schools in which there is danger of imbibing the deadly poison of
impiety...
Militantis Ecclesiae, Pope Leo XIII
The Role of the State
The first natural
and necessary element in this environment, as regards education, is the
family, and this precisely because it is so ordained by the Creator Himself.
Accordingly, that education which is received in a well-ordered and
well-disciplined Christian family will, as a rule be more effective and
lasting, and more efficacious in proportion to the clear and constant good
example set, first by the parents, and then by the other members of the
household...
The State therefore has the duty to respect the prior rights of the
family and of the church in the matter of education, and even protect these
rights. If the State were to "monopolize education," this would violate the
rights of individuals, of the family, and of the Church.
Christian Education of Youth, Pope Pius XI
The right and duty of parents to give education is essential, since it is connected with the transmission of human life; it is original and primary with regard to the education role of others...it is irreplaceable and inalienable, and therefore incapable of being entirely delegated to others or usurped by others.
Familiaris Consortio, Pope John Paul II
Responsibility of the Parents
The matrimonial convenant...is by its nature ordered toward the good of the spouses and the procreation and education of children...
1983 Code of Canon Law, Canon 1055.1
...Since they
[parents] have conferred life on their children, parents have the original,
primary, and inalienable right to educate them; hence they must be
acknowledged as the first and foremost educators of their children.
Parents have the right to educate their children in conformity with
their moral and religious convictions, taking into account the cultural
traditions of the family...
Charter of the Rights of the Family, Pope John Paul II
The charge laid by God on parents, to provide for the material and spiritual well-being of their offspring and to procure for them a suitable training, imbued with the true spirit of religion, cannot be wrested from them without grave violation of their rights.
Summi Pontificatus, Pope Pius XI
The right and duty of parents to give education is essential, since it is connected with the transmission of human life; it is original and primary with regard to the education role of others...it is irreplaceable and inalienable, and therefore incapable of being entirely delegated to others or usurped by others.
Familiaris Consortio, Pope John Paul II
Parents have a
most grave duty and enjoy the primary right of educating to the very best of
their ability, their children physically, socially, culturally, morally, and
religiously as well.
1983 Code of Canon Law, Canon 1136
AGE OF CONFIRMATION: When Local and Universal Law Conflict
http://library.saint-mike.org/Curia/Congregations/Worship/Worship.html
Congregation for Divine
Worship
Prot. N. 2607/98/L
December 18, 1999
Your Excellency:
This Congregation for Divine Worship expresses its appreciation for your kind reply concerning the request of a child of 11 years resident in your Diocese along with her parents, for reception of the Sacrament of Confirmation in anticipation of the local policy of conferring the Sacrament no sooner than the sophomore year of high school.
In light of Your Excellency's considered response, this Dicastery considers it necessary to respond in some detail to the considerations you raise, and so the case was submitted to a renewed and attentive examination. The Congregation was anxious to communicate the results of this study as soon as possible asking you to note the authoritative nature of the conclusions contained therein.
At the same time this Dicastery has considered it important to respond to the
considerations raised by Your Excellency in declining to dispense the girl from the Diocesan Policy in order that she might anticipate her reception of the Sacrament of Confirmation. This Congregation wishes, however, to preface its further comments with the observation that Your Excellency's refusal to grant this dispensation must be seen as having the juridic value of an administrative act denying an anticipated conferral of the Sacrament. Among the responsibilities entrusted to this Dicastery is the authoritative examination of appeals against such administrative actions (cf. Apostolic Constitution, Pastor Bonus, arts. 19, § 1, 63).
In reply to this Congregation's decision that appropriate steps be taken to provide for the girl's confirmation in the near future, Your Excellency had proposed essentially two arguments:
1. Though willingly admitting that the girl is well instructed and that her parents are very good Catholics, you point out that "instruction is not
the sole criterion for recognizing the opportune time for
confirmation ... The evaluation is a pastoral one which involves much more
than just being instructed".
2. Your Excellency indicates that the Diocesan Policy establishing that conferral of the Sacrament is to be no earlier than the sophomore year of high
school is within the right inherent in the law in light of the legislation complementary to can. 891 for the Conference of Bishops to which you belong.
With respect to Your Excellency's first point, it is no doubt true that there is a pastoral judgment to be made in such cases, provided that by "pastoral
judgment" one is speaking of the obligation of the Sacred Pastors to
determine whether those elements required by the revised Code of Canon Law
are indeed present, namely, that the person be baptized, have the use of reason, be suitably instructed, and be properly disposed and able to renew the baptismal promises (cf. cann.843, §1; 889, §2). This Dicastery notes from the testimony submitted by the family, as well as that provided by Your Excellency, that it is clear this young girl has satisfied each of the canonical requisites for reception of the Sacrament.
In regard to Your Excellency's second point, while it is clear that the Diocesan Policy is within the right inherent in the law in light of the complementary legislation for the Conference of Bishops to which you belong for can. 891, it is also clear that any such complementary legislation must always be interpreted in accord with the general norm of law. As has been stated before, the Code of Canon Law legislates that Sacred Ministers may not deny the Sacraments to those who opportunely ask for them, are properly disposed and are not prohibited by law from receiving them (cf. can. 843 §1). Since it has been demonstrated that the girl possesses these requisite qualities, any other considerations, even those contained in the Diocesan Policy, need to be understood in subordination to the general norms governing the reception of the Sacraments.
The Congregation considers it useful to point out that it is the role of the parents as the primary educators of their children and then of the Sacred Pastors to see that candidates for the reception of the Sacrament of Confirmation
are properly instructed to receive the Sacrament and come to it at the opportune time (cf. can. 890). Consequently, when a member of the faithful wishes to receive this Sacrament, even though not satisfying one or more elements of the local legislation (e.g., being younger than the designated age for administration of the Sacrament), those elements must give way to the fundamental right of the
faithful to receive the Sacraments. Indeed, the longer the conferral of the Sacrament is delayed after the age of reason, the greater will be the number of candidates who are prepared for its reception but are deprived of its grace for a considerable period of time.
In conclusion, this Congregation for Divine Worship must insist, given the concrete circumstances of the case under consideration, that the opportunity to
receive the Sacrament of Confirmation be extended to the girl as soon as is conveniently possible.
In order to complete our documentation concerning this question, this Dicastery would be grateful to Your Excellency to receive notice of the agreement you will have reached with the family for the administration of the Sacrament.
With every good wish and kind regard, I remain
Sincerely yours in Christ,
Jorge A. Card. MEDINA ESTEVEZ
Prefect Francesco Pio TAMBURRINO
Archbishop Secretary
Taken from Notitiae, Congregation of Divine Worship
Nov.-Dec. 1999