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Abuse in Care - Royal Commission of Inquiry

Abuse in Care - Royal Commission of Inquiry

This Royal Commission is an independent inquiry into abuse in state care and in the care of faith-based institutions in Aotearoa New Zealand.

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Glossary Kupu

Disability Terms

 

Ableism

Ableism is a form of social devaluation whereby disability and therefore, disabled people are seen to be a problem. If they cannot be ‘cured’ they need to be kept separate from ‘valued’ society. When negative assumptions are made about the skills, capacities and interests of disabled people, and when their lived experiences are denied.

Audism

Audism is an attitude based on pathological thinking that results in a negative stigma toward anyone who does not hear; like racism or sexism, audism judges, labels, and limits individuals on the basis of whether a person hears and speaks.

Disablism

Disablism is the specific discrimination arising from the belief that disabled people are inferior to others.

Eugenics

A movement that viewed people with a disability, or non-European features, and certain behaviours as genetically inferior and therefore seen as ‘socially inferior’ and undesirable.

Othering

“Othering” refers to the process whereby an individual or groups of people attribute negative characteristics to other individuals or groups of people that set them apart as representing that which is opposite to them.

Special Education

Specialised or modified instruction for students with unique learning needs, including students with identified disabilities.

 

Māori terms

 

Kāinga

Home, settlement.

Kāwanatanga

Governance.

Manaakitanga

Hospitality, kindness, caring for others.

Tino rangatiratanga 

Self-determination.

Tūkino

Abuse, harm and trauma.

Whanaungatanga

Relationship, kinship, sense of family connection – a relationship through shared experiences and working together which provides people with a sense of belonging.

 

Religious terms

 

Apostolic visitation

A form of internal Catholic church investigation ordered by the Pope and undertaken by his delegate or delegates.

Archbishop

In some Christian churches, an archbishop is a bishop of the highest rank.  Some archbishops have additional responsibilities compared to other bishops.

Bishop

In some Christian churches, the chief pastor or leader of local churches in a region.

In the Catholic Church, and in some other denominations, a bishop is appointed as a diocesan Bishop (or ‘ordinary’) and oversees a geographical area (‘diocese’), containing several local churches.

Brother

In the Catholic church, typically a man who is a lay member of a religious institute, who is not ordained. Brothers usually take a vow of poverty, celibacy and obedience.  In some religious institutes such as the St John of God Order, Brothers may seek ordination.  Even if ordained, the institute may continue to refer to them as ‘one of the brothers’.

Canon Law

The body of rules and regulations governing some Christian churches and their members.

Clergy

A body of ordained ministers.  In many Christian churches this group includes those ordained as bishops, priests and deacons.

Confession

Also called reconciliation or penance.  In some Christian churches, the practice of confession is an acknowledgment of sins in public or private, regarded as necessary to obtain divine forgiveness.

Congregation

An assembly of persons, especially a body assembled for religious worship or habitually attending a particular church.

Contrition

In some Christian churches, it is the practice or an action of sorrow for one’s sins.

Fathers

In some Christian churches, men ordained as priests are known by the honorific title of Father.

Holy See

The diocese of Rome, is led by the pope, which has governance over the Catholic church worldwide and also the city-state known as Vatican City.

Monastery

A place where members of some religious institutes live in a structured communal life of prayer, especially those communities with members known as monks and nuns.

Ministry

In Christian churches, the work of a person appointed and determined by the church.

Non-ordained/lay person

Members of a church who are not ordained clergy, for example, a nun,  lay brother or other lay person.

Ordained

In many Christian churches, ordination is the ceremony in which a person is dedicated or commissioned in a specific ministry.

Pastoral Care / Process

In this report, spiritual, social, emotional and material support for individuals or communities.  Pastoral Care can include visiting, counseling or otherwise helping people in the parish community who are experiencing a difficult time with a focus on healing, reconciling, guiding and sustaining.

Reconciliation

In the Catholic church, reconciliation (officially called the Sacrament of Penance, and also known as confession) is a sacrament where a person acknowledges sins, seeks forgiveness, and is absolved by the church’s minister (a priest).

Provincial/Regional Superior or Leader

An officer of a religious institute (including religious orders and congregations) elected by the members of the institute in a certain region to be their local leader.

Religious vows and profession (or solemn profession)

In the Catholic Church, the act (profession) of making vows - promises made to God to act according to the vows within the ‘rule’ of a religious institute. The common vows are poverty, chastity, and obedience. Some institutes include other vows specific to their work and life.

Vow of chastity

In the Catholic church, members of religious institutes make a promise to love and serve unconditionally, forgoing all sexual activity.

 

Legal terms

 

Acquitted

A finding that an accused is not guilty of a charge.

Admissibility (Admissible Evidence)

Evidence capable of being received by a Court for the purpose of proving a fact in issue, because it is relevant to the proceedings in which it is tendered or adduced.

Appeal

An application to a senior court to change a decision of a lower court or tribunal. 

Charges

A charge is a formal statement that a person is accused of having committed a criminal offence.

Complainant

A complainant is “one who lodges a complaint to a decision-maker”.

Cross-examination

Where a witness is questioned by the counsel for the opposing party.  The purpose of cross-examination is often to challenge the accuracy of the witnesses’ evidence.

Crown Solicitor

Crown Solicitors are private legal practitioners appointed on the recommendation of the Attorney-General and by warrant of the Governor-General.

Dismissed

Where a Court dismisses a charge.  This can be done at any time before or during the trial, but before the defendant is found guilty or not guilty, or enters a plea of guilty. The court may dismiss the charge on its own motion or on the application of the prosecutor or the defendant.

Extradite / Extradition

An official process allowing for the surrender of a suspected or convicted criminal from one state or country to another.

Filed

An act of formally lodging an application or other documents in a Court.

Liability

In legal terms, it means when a person is subject to a legal responsibility, duty or obligation.

Stay of proceedings

An order made by a Court stopping an action proceeding further either before or after a determination by a Court in respect of the action.

Severance of charges

The singling or severing of two or more charges.  This means one or more charges may be heard separately.

Suggestibility

An inclination to readily and uncritically adopt the ideas, beliefs, attitudes or actions of others, particularly ‘authority figures’.  Suggestibility can be influenced by the authority of the person making the suggestion.

 

General terms

 

Absconding

In the care context, the legal term absconding includes leaving or being taken from a placement or the care of a caregiver without authority or neglecting or refusing to return.

Concurrently

At the same time.

Disapprobation

Strong disapproval, typically on moral grounds.

Impunity

Freedom from punishment, harm, or loss.

Religious abuse

Using faith or church beliefs and teachings (including prayer, scriptures and deference to God) to perpetrate abuse and harm, and to discourage disclosure of that abuse and harm.

Societal

Relating to society or social relations.

Vulnerable

Those in the care of St John of God were vulnerable. However, in the care context, a critical distinction to be made is that the vulnerability of certain groups or cohorts does not stem or arise from the characteristics of those groups or cohorts.

When we speak about being vulnerable, we do so knowing that the vulnerability stemmed from societal attitudes and prejudice. It was the setting the person was placed in that made them vulnerable to abuse and neglect. Vulnerability is not inherent to any cohort. Our use of the term vulnerable, speaks to the setting, not personal characteristics.

This aligns with United Nations direction, which calls for us to pay attention to communities in ‘vulnerable situations’ or those who are marginalised.

 

Types of Abuse at Marylands School and Hebron Trust infographic at page 169

This data was provided by Te Rōpū Tautoko (the group coordinating Catholic engagement with the Inquiry), who have categorised the type of abuse using the Aotearoa New Zealand criminal law distinctions as follows:

Sexual violation – is the act of a person who has non-consensual penetrative intercourse or has an unlawful sexual connection with another person.

Other sexual offending – is any other form of sexual offending, that isn’t
sexual violation.

Other/unclear abuse – where it has not been possible to categorise the abuse.

Is a high level image so you can see both the Maryland’s School and the St Joseph’s Orphanage they’re in close proximity. In the image white text says the name of the school and the years they ran. For Marylands it says: Marylands school, Halswell Christchurch. 1968-84. St Joseph’s was run by the Sisters of Nazareth and was next to Marylands.  For St Joseph’s Orphanage it says: 1952-1979. This page is green and orange in colour tone.

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