The safeguarding of minors and vulnerable persons has become a central priority in the life and governance of the Catholic Church, both at the universal level and within national contexts. This article examines the recent developments in the Church’s legal and institutional framework for the protection of minors, with particular attention to the interaction between universal canon law and the Italian ecclesial system. After outlining the normative evolution triggered by recent pontifical legislation and magisterial interventions, the study analyses the growing role of best practices and soft law instruments – such as guidelines, protocols, and operational standards – in complementing binding legal norms. Special emphasis is placed on the Italian experience, highlighting strengths, critical issues, and emerging reform proposals in the areas of prevention, accountability, formation, and governance. The article argues that an effective safeguarding system cannot rely solely on penal or procedural law, but requires an integrated approach that combines legal norms, pastoral responsibility, cultural change, and shared good practices. In this perspective, soft law is assessed as a flexible yet significant tool capable of fostering harmonisation, promoting compliance, and supporting a preventive and victim-centred safeguarding culture within the Church.
Gianfreda, A., La salvaguardia dei minori e delle persone vulnerabili nellaChiesa universale e in Italia : novità e proposte di riforma tra diritto, buoneprassi e soft law, <<IL DIRITTO ECCLESIASTICO>>, 2025; (3/4): 563-591. [doi:10.19272/202530804003] [https://hdl.handle.net/10807/332991]
La salvaguardia dei minori e delle persone vulnerabili nella Chiesa universale e in Italia : novità e proposte di riforma tra diritto, buone prassi e soft law
Gianfreda, Anna
2026
Abstract
The safeguarding of minors and vulnerable persons has become a central priority in the life and governance of the Catholic Church, both at the universal level and within national contexts. This article examines the recent developments in the Church’s legal and institutional framework for the protection of minors, with particular attention to the interaction between universal canon law and the Italian ecclesial system. After outlining the normative evolution triggered by recent pontifical legislation and magisterial interventions, the study analyses the growing role of best practices and soft law instruments – such as guidelines, protocols, and operational standards – in complementing binding legal norms. Special emphasis is placed on the Italian experience, highlighting strengths, critical issues, and emerging reform proposals in the areas of prevention, accountability, formation, and governance. The article argues that an effective safeguarding system cannot rely solely on penal or procedural law, but requires an integrated approach that combines legal norms, pastoral responsibility, cultural change, and shared good practices. In this perspective, soft law is assessed as a flexible yet significant tool capable of fostering harmonisation, promoting compliance, and supporting a preventive and victim-centred safeguarding culture within the Church.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



