The Protection of Women’s Dignity in Catholic Marriage Law

– The Diriment Impediment to Abduction

Abstract

The ecclesiastical legislator interprets the right to marry as broadly as possible, in accordance with the principles of canon law. Nevertheless, an examination of the current Code of Canon Law reveals that the right to marry is not absolute. The legislator has provided the clearest articulation of the limitations in the system of diriment impediments to marriage. In the revised legislation, the system of impediments has been streamlined, both in
its structure and in the number of impediments. The legislator nevertheless deemed it pertinent to retain a few of the impediments that now appear anachronistic. This study is concerned with the diriment impediments of abduction of women. It presents an analysis of the legislative situation with regard to the protection of women’s dignity, marriage, and community, with a particular focus on historical and structural aspects. The objective of this paper is to address the uncertainties that arise from the text of the statute, based on the authors’ interpretations. Finally, a brief comparative analysis is presented of the other existing codes of the Catholic Church, namely the Canons of the Laws of the Eastern Churches and the Code of the Latin Church.