Sr Virginia, a temporarily professed sister, contracted a serious disease, and was excluded from making her perpetual profession. She had to leave the institute. In the same institute, Sr Geneviève, who had become insane after four years of her first profession, was allowed to continue. Why this disparity?
For an answer, we need to deliberate on the relevant provisions of Canon Law. A religious in temporary profession does not have an absolute right to be promoted for the perpetual profession or renewal of vows. The major superior, with the consent or in consultation with the council, in accordance with each institute’s Constitutions, has the right to accept a religious, who has applied for perpetual profession or renewal of vows (CIC c. 689§1; CCEO c. 547§1). They may exclude a temporarily professed member due to the following just reasons: failures in observing the vows and leading a common life in charity, lacking religious spirit, ill-health or unsuitable disposition for religious life and lack of sufficient maturity to undertake the life proper to the institute. Such exclusion is not equivalent to dismissal (CIC c. 689§1; CCEO c. 493§2).
According to Canon Law of both Latin Church (CIC) and Eastern Churches (CCEO), the competent superior can exclude a member from making the renewal of vows or perpetual profession because of physical or psychological illness. But, if a member becomes insane, they can continue to stay in the institute.
Types of Illness—and What Caused it
Let us look into the Canons: (i) “Even though contracted after profession, a physical or psychological infirmity which, in the judgement of experts, renders the member … unsuited to lead a life in the institute, constitutes a reason for not admitting the member to renewal of profession or perpetual profession, unless the infirmity was contracted through the negligence of the institute or because of work performed in the institute.” “Physical or psychic illness, even contracted after profession, which in the judgment of experts renders the member in temporary vows unsuited to lead the life of the religious institute, constitutes a cause for not admitting the member to renew temporary profession or to make perpetual profession, unless the illness was contracted through the negligence of the institute or through work performed in the institute.” (CIC c. 689§2; CCEO c. 547§2)
(ii) “If, however, a member becomes insane during the period of temporary vows, even though unable to make a new profession, the member cannot be dismissed from the institute.” (CIC c. 689§3; CCEO c. 547§3)
In the former case, the competent superior is to seek the opinion of experts (physicians/psychiatrists/ psychologists) to ascertain the member’s suitability as per each institute’s life and mission. The illness can be physical or psychological. It could be contracted before or after the religious profession. The only exception to this law is when the illness is contracted through the negligence of the institute or a work performed in the institute. Here the burden of proof rests upon the institute. It has to make sure that there was no negligence whatsoever on the part of the institute and that the work performed in the institute did not cause the disease. This Canon also cautions superiors to provide reasonable healthcare for all their members and, in case of exclusion, their obligation for ensuring that natural justice, equity and Christian charity are taken care of in settling the excluded member.
In the latter case, the religious cannot be sent out because of insanity. It does not mean that the insane member is to live in a religious house at all costs. The institute is to provide appropriate treatment and care. They can be protected in a psychiatric hospital or any equivalent place for the good of the patient and the community. If the parents or relatives are freely willing to take care of them, the institute could make arrangements with them and provide required financial assistance. In this case, the religious remains as a temporarily professed member unless the treatment enables the person to make a further profession. However, if the insanity was already present before the first profession in such a way that it would invalidate the same profession, the above Canon does not apply.
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