The marriage vetitum : a denial of one's right to marry?

Abstract

Once imposed a vetitum prohibits the person on whom it is imposed from contracting marriage as stated in Canons 1684,1 and 1685 and Articles 250(3) and 251 of Dignitas Connubii. The canons mention the prohibition from contracting marriage attached to the sentence or decree while, Article 251(1) of Dignitas Connubii states that, ‘If a party in the process was found to be absolutely impotent or incapable of marriage by reason of a permanent incapacity, a vetitum is to be added to the sentence, by which the party is prohibited to enter a new marriage unless the same tribunal which issued the sentence has been consulted.’ However, many people do not seem to be informed regarding the vetitum and its implications – many believe that annulment has been ‘given’ to one party and not to the other. The thesis will delve into the concept of the vetitum and whether the right to marry is an absolute right. As Robert W. Guiry states the vetitum was traditionally imposed, ‘until the person could be “fixed”, “cured”, or in some way made less likely to bring the same source of invalidity to the new canonical marriage’. The thesis therefore, will start by explaining what is meant by a right to a true marriage as well as the history of marriage in Malta. It will also expound on the salvific and sacramentality of marriage. Then it will bring forth a thorough examination of the vetitum, including an extensive history of the vetitum, the 1983 Code of Canon Law, the Instruction Dignitas Connubii, as well as other Church documents and addresses, as well as giving a brief detailing of the monitum. The thesis will research the implications of the vetitum and whether it breaches the European Convention on Human Rights – namely, Article 12, the right to marry. This will be supported by case law and canonical jurisprudence. Within the international instruments, marriage has always had an important and special place especially in the International Covenant on Political and Civil Rights. Particular importance will be given to the European Convention on Human Rights and to the Maltese Marriage Act. The thesis will also have a set of interviews regarding the vetitum vis-à-vis Article 12, held with the Metropolitan Judges, Defenders of the Bond, and psychologists with a subsequent analysis of such interviews. It will also have a detailed analysis of North American vota, jurisprudence of the Maltese Metropolitan Tribunal as well as Rotal jurisprudence. The conclusion will determine as to whether there is in effect a breach of Article 12 of the European Convention on Human Rights as regards the vetitum and whether the vetitum is in effect a just prohibition.