A/HRC/61/50
I. Introduction
1.
In the present report, submitted pursuant to Human Rights Council resolution 58/5,
the Special Rapporteur on freedom of religion or belief, Nazila Ghanea, explores how
freedom of religion or belief relates to death and honouring the deceased.
2.
Life and death are irreversibly linked. The marking of death and mourning are central
themes in most, if not all, religion or belief communities, spiritual customs, ceremonies 1 and
traditions. The profound human impact of death is a universal human experience, making the
need for human rights protections around death and honouring the deceased self-evident.
3.
While death can lead to intense grief, the shared experiences of mourning can offer
solace, healing, intergenerational belonging and acceptance. Facing a loved one’s passing
and the experience of loss is closely intertwined with freedom of religion or belief. For many,
it inspires a profound engagement and reckoning with one’s religion and beliefs, driving
powerful and transformative processes of reflection, belonging, spiritual connection or
questioning, within oneself, families and communities. At such a poignant moment, how
human rights apply becomes highly significant.
4.
Regrettably, the holder of the mandate of Special Rapporteur on freedom of religion
or belief receives regular reports of violations and infringements, including acts of vandalism
and destruction of graveyards, Indigenous Peoples’ remains being displaced from burial
lands and Indigenous Peoples being prevented from honouring their ancestors, disruption of
funerals and the denial of the facilities and land necessary for funeral and mourning rites.
Whether arising from legislative gaps or violations in policy and practice, such acts deny
equality and dignity at one of the most emotive and challenging of life’s junctures.
5.
The importance and scope of this topic requires it to be addressed in two parts. The
present report to the Human Rights Council deals with how freedom of religion or belief
relates to death and honouring the deceased in regular situations. The forthcoming report to
the General Assembly will address the topic in relation to exceptional circumstances, such as
armed conflict, gross human rights violations, persons deprived of their liberty, the death
penalty, the aftermath of police or counter-terrorism operations, health emergencies,
repatriations in relation to Indigenous Peoples, climate change and damage to remains, and
transitional justice.
6.
For ease of reference, the present report uses the term “funeral rights” to describe the
related framework of rights, both individual and collective. The term is not intended to imply
uniformity in funeral rights or to prioritize certain practices. It is a shorthand encompassing
the wide range of religious laws, observances, practices and traditions associated with death
and mourning: last rites, preparation of the body through embalming or otherwise, burial,
cremation or other practices such as early burial, washing, preparing and shrouding the body,
specific communal prayers, funeral processions and commemorations or ceremonies of
remembrance without religious elements.
7.
Often overlooked altogether as rights, conceded to regulation by the authorities and
understood very narrowly, the purpose of the present report is to focus on the significance of
freedom of religion or belief to funeral rights.
8.
In response to the call for input to the present report, 66 written submissions were
received2 and over 60 participants contributed through three hybrid workshops. The Special
Rapporteur expresses her sincere appreciation for those valuable contributions, which have
undoubtedly enriched the present report and will also benefit the forthcoming report to the
General Assembly.3
1
2
3
2
See A/77/514.
All public submissions will be made available at https://www.ohchr.org/en/calls-for-input/2025/callinput-report-freedom-religion-or-belief-relation-death-and-honouring.
Sincere thanks to Kimberlie Orr, Domenic Canonico and colleagues at the Notre Dame Religious
Liberty Clinic for background research; the Bonavero Institute for Human Rights for hosting
workshops guided by David Griffiths; Helle Dahl Iversen, Gihan Indraguptha, Shabnam Moinipour
GE.25-21055