Death and mourning are marked as central themes in most, if not all, religious and belief communities and traditions. The profound human impact of death is perhaps universal human experience, which highlights the importance of the various axes along which this should be protected within human rights.
Recognition of a life, and the loss thereof, as being worthy of grief is central to their recognition as fully human. Lives not considered to be ‘grievable’ are also, by definition, not deemed worthy of rights or of protection. The mistreatment of the remains of the dead and of those who mourn them presents stark dehumanisation, disrespect, and discrimination on the basis of religion or belief.
Regrettably, the freedom of religion or belief mandate receives reports of egregious examples of violations in relation to this matter from across the world. State refusal to recognise religion or belief communities engenders the administrative denial of space and resources for funeral or mourning rites, or even its theft; State and non-State actors often violently interrupt funerals or engage in vandalism or destruction of graveyards; Indigenous Peoples often find themselves displaced from land used for burial practices and the honouring of ancestors over centuries; authorities may refuse to allow the exhumation or re-burial of victims of war or of summary execution. Respect for the universal human right to grieve is a fundamental marker of respect and common humanity within and between societies.
Death rites, funerary practices and traditions, and freedom of religion or belief offer a very interesting site for exploring the group dimensions of freedom of religion or belief. Whatever the religious, spiritual, cultural or humanist tradition, there are often clear perspectives on the meaning of death, preparation for death, traditions around death and death rites. Each of these implicates the individual, the family, the community and society at large – each requiring various State recognition, facilitation roles, and obligations.
This report will examine these questions from the perspective of freedom of thought, conscience, religion, and belief, and will highlight the various axes along which it should be protected within human rights. It will clarify relevant negative and positive State obligations, and make recommendations to State, religion or belief communities and other civil society actors at all levels, in order to improve protection of this aspect of freedom of religion or belief.