The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. This rule recognises certain communication as privileged and not subject to otherwise obligatory disclosure; for example, this often applies to communications between lawyers and clients. In many jurisdictions certain communications between a member of the clergy of some or all religious faiths (e.g., a minister, priest, rabbi, imam) and a person consulting them in confidence are privileged in law. In particular, Catholics, Lutherans and Anglicans, among
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| - Priest–penitent privilege (en)
- Privilège prêtre-pénitent (fr)
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| - En common law, le privilège prêtre-pénitent, aussi connu sous le nom de privilège ecclésiastique, est une application du principe de la communication privilégiée qui protège le contenu des communications entre un membre du clergé et un pénitent, qui partage des informations en toute confiance. Il émane du principe du privilège de la confession. Il s'agit d'un concept différent de la confidentialité.[réf. nécessaire] (fr)
- The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. This rule recognises certain communication as privileged and not subject to otherwise obligatory disclosure; for example, this often applies to communications between lawyers and clients. In many jurisdictions certain communications between a member of the clergy of some or all religious faiths (e.g., a minister, priest, rabbi, imam) and a person consulting them in confidence are privileged in law. In particular, Catholics, Lutherans and Anglicans, among (en)
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| - Accused clerics not infrequently see confession as an opportunity to reveal their own abuse crimes.
The protected sphere of the confessional box was even used by accused clerics to prepare or conceal
offences in some cases.
The Sacrament of Confession is therefore particularly significant in this context. The responsibility of
the confessor for the adequate clarification, processing and prevention of individual sexual abuse
offences needs to be emphasised from a scientific point of view,. (en)
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| - “Sexual abuse of minors by catholic priests, deacons and male
members of orders in the domain of the German Bishops’
Conference”, English Summary, p.14 (en)
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has abstract
| - En common law, le privilège prêtre-pénitent, aussi connu sous le nom de privilège ecclésiastique, est une application du principe de la communication privilégiée qui protège le contenu des communications entre un membre du clergé et un pénitent, qui partage des informations en toute confiance. Il émane du principe du privilège de la confession. Il s'agit d'un concept différent de la confidentialité.[réf. nécessaire] (fr)
- The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. This rule recognises certain communication as privileged and not subject to otherwise obligatory disclosure; for example, this often applies to communications between lawyers and clients. In many jurisdictions certain communications between a member of the clergy of some or all religious faiths (e.g., a minister, priest, rabbi, imam) and a person consulting them in confidence are privileged in law. In particular, Catholics, Lutherans and Anglicans, among adherents of other Christian denominations, confess their sins to priests, who are unconditionally forbidden by Church canon law from making any disclosure, a position supported by the law of many countries, although in conflict with civil (secular) law in some jurisdictions. It is a distinct concept from that of confidentiality (see non-disclosure agreement). The protection of the clergy–penitent privilege relationships rests on one of the more basic privileges as strong or stronger than the similar clauses to confidentiality between lawyer and client. (en)
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