The prohibition of the female priesthood in the Catholic Church: Reflections from the right to equality and non-discrimination

Abstract

This article addresses the issue of the female priesthood in the Roman Catholic Church, and proposes an analysis of its prohibition from the perspective of the human rights, particularly the right to equality and non-discrimination. Based on a review of international human rights law, it is argued that the Mexican State is responsible by omission for the multiple instances of discrimination suffered within the Roman Catholic Church by women who aspire to the ministerial priesthood, since the principle of equality and non-discrimination is a non-derogable ius cogens norm, against which the persistent objector doctrine is invalid. The obligation of the authorities to not intervene in the internal functioning of the churches does not mean that they grant consent so that the right to legal equality between men and women could be violated. In addition, since 2012 discrimination is also a crime in Mexico. Consequently, the application of canon 1024 of the Code of Canon Law: "only baptized men can be validly ordained" is unconstitutional and unconventional and violates the Law of Religious Associations and Public Worship. The continuation of this practice that distinguishes, excludes and restricts the right of women to the priesthood on the basis of their sex, could lead to administrative sanctions against the Catholic Church and even the loss of their legal registration in Mexico.