A/HRC/61/50 and protected from acts of discrimination and hatred. 32 Pushback is reportedly suffered by family and community members where religious symbols and customs are resisted, for example in Colombia and Nigeria.33 33. While recognition of funeral rights most specifically turns on the recognition of the religion or belief concerned, the failure to recognize relationships is also relevant. The failure to recognize intimate relationships in law, such as those of same-sex couples, can precipitate interference with individuals’ rights to regulate fundamental aspects of their private life, such as decisions on intimate partners’ burial rights, which may also constitute a violation of the right to private and family life.34 B. Neutral laws are insufficient 34. Ostensibly neutral laws erase the specificity of the laws, observances and practices relating to funeral rights, leading to violations and direct or indirect discrimination. Neutral laws cannot possibly suffice, for example, in relation to the spiritual significance of ancestral lands and burial grounds to Indigenous Peoples.35 C. Specific recognition for Indigenous Peoples 35. Through three landmark decisions,36 the African Commission and the African Court on Human and Peoples’ Rights have recognized the spiritual significance of possession of and access to land for Indigenous Peoples to carry out ceremonies and of lands of religious and ancestral significance. For Indigenous Peoples lacking real title, the Inter-American Court of Human Rights has found that possession of the land they occupy suffices to obtain official recognition of that property. 37 In their separate opinions on the case of U’wa Indigenous People v. Colombia, judges Mudrovitsch, Ferrer and Pérez argued that preventing access to sacred places for burial rituals stripped religious beliefs of meaning and violated article 12 of the American Convention on Human Rights.38 The Court’s decision in Lhaka Honhat v. Argentina affirmed the link between territory, spirituality and funeral practices. 39 36. In Malaysia, the Aboriginal Peoples Act 1954 and the Constitution reportedly protect the rights and autonomy of Indigenous communities (Orang Asli) to maintain their traditional burial customs and rituals without interference. 40 In Argentina, Indigenous funeral rites reportedly receive strong Constitutional and legislative protection recognizing Indigenous identity, cultural practices and spirituality. The General Directorate of Intercultural Citizenship of the Ministry of Culture in Peru reportedly designs and supervises policies concerning Indigenous Peoples and Afro-Peruvian populations, ensuring their cultural and spiritual burial practices are taken into account through bodies such as the Working Groups on Indigenous Policies and Afro-Peruvian Policy. 41 Discrimination and aggression, especially on social media, against people who practise Mayan spirituality in Guatemala need to be countered by raising awareness of Indigenous spirituality, so that the population understands that the energies linked to death and ancestors by Mayan spirituality should not be interpreted as negative or destructive, but as part of a deep-rooted spiritual and cultural 32 33 34 35 36 37 38 39 40 41 8 Submission from Atheist Alliance International. Submission from Humanists International. European Court of Human Rights, Przybyszewska and Others v. Poland, Application No. 11454/17, Judgment, 12 December 2023. United Nations Declaration on the Rights of Indigenous Peoples, art. 1. See https://www.escr-net.org/resources/the-endorois-case/; https://www.africancourt.org/cpmt/details-case/0062012; https://achpr.au.int/sites/default/files/files/2025-08/engcorrigendum-communication-588-15.pdf; and https://www.africancourt.org/cpmt/storage/app/uploads/public/5f5/5fe/9a9/5f55fe9a96676974302132.pdf. See https://corteidh.or.cr/docs/casos/articulos/seriec_79_ing.pdf. Submission from Brazilian Center of Studies in Law and Religion. Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina, cited in submission from Argentina. Submission from Malaysia. Submission from Peru. GE.25-21055