A/HRC/61/50 minimum infrastructure required for conducting dignified burials, including running water for washing dead bodies.51 F. Protection of the deceased 42. In the Niger, the Penal Code criminalizes acts of violence, attacks against the integrity of the corpse and desecration of a grave as murder, assault or an offence against the integrity of the person, reportedly guaranteeing respect for the life and physical and moral integrity of every individual even after death.52 In India, in the landmark 1995 case of Pt. Parmanand Katara, Advocate v. Union of India, the Supreme Court held that the State has a constitutional obligation to treat deceased human bodies with dignity and respect, extending fundamental rights protections to the respectful handling of remains.53 Similarly, in Algeria, the Penal Code reportedly provides for the protection of the memory and integrity of the deceased and the respect due to every person, even after death, as well as providing that Christian and Jewish cemeteries shall be protected by the State, maintained by local authorities and placed under the responsibility of their representatives. Penalties apply to desecration of tombs, graves and corpses, in particular through mutilation, removal or exhumation, except in cases authorized by law and judicial decision.54 43. The European Court of Human Rights has held that the mutilation of corpses does not constitute a violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms in respect of the deceased themselves, as the prohibition of torture and ill-treatment is no longer applicable after death,55 although such acts may amount to a violation in relation to the suffering caused to surviving relatives.56 V. Key issues: restrictions and violations in policy and practice 44. Zoning and administrative law decisions have a decisive impact on funeral rights and are often the juncture at which funeral rights are denied. They need to provide for the sites themselves but also the related facilities for preparation of the body; allowing for procession; prayer and commemoration; protection from harassment, interference or violence; and parking facilities, as appropriate. The European Court of Human Rights has recognized a wide margin of appreciation in the choice of implementation of planning policies, but held that unjustified delays and unresponsiveness, especially against a background of overt opposition to the religious community in question, will fall foul of freedom of religion or belief.57 45. Equal access to public cemeteries offering standard provision is insufficient for those upholding different laws, observances and practices, which should be accommodated to the highest extent possible. Blind “equal access” is likely to lead to indirect discrimination. At the very least, it assumes that all other religions and beliefs can be assimilated into majority practices, or that the majority religion or belief practice can be enforced on others. Lack of adequate consultation mechanisms also raises significant barriers to administrative decisions and policies that can accommodate freedom of religion or belief. 46. Specific provisions are necessary, either through offering provision in public cemeteries, allotting separate burial grounds or, where there are arrangements ensuring that cemeteries run by the majority religion are available to others, with accommodation to allow 51 52 53 54 55 56 57 10 A/HRC/22/51/Add.1, para. 54. Submission from the Niger. Submission from SAFFoRB-India. Submission from Algeria. European Court of Human Rights, Akpinar and Altun v. Turkey, Application No. 56769/00, Judgment, 27 February 2007, para. 82. Ibid., and European Court of Human Rights, Akkum and Others v. Turkey, Application No. 21894/93, Judgment, 24 March 2005, and https://international-review.icrc.org/articles/the-war-crime-ofoutrages-against-the-personal-dignity-of-the-dead-929. European Court of Human Rights, The Religious Denomination of Jehovah’s Witnesses in Bulgaria v. Bulgaria, Application No. 5301/11, Judgment, 10 November 2020. GE.25-21055