A/HRC/61/50
VI. Recommendations
85.
It is critical that States recognize the relevance of freedom of religion or belief to
burial rights.
86.
Freedom of religion or belief offers a unique and nuanced approach to rights holders,
highlights that the forum internum is absolute and funeral rights should not coerce the next
of kin, family or community of practice, underscores the dignity of all rights holders,
irrespective of other considerations, draws attention to non-discrimination and equality of
funeral rights, upholds funeral rights as a manifestation of religion or belief, requires that any
limitations on funeral rights or practices be in accordance with the law (see para. 16 above)
and extends funeral rights beyond internment in ongoing commemorative manifestations. In
doing so, freedom of religion or belief uniquely encompasses the individual and the
collective, the minority and the majority, and the specificity of practices, and does so in an
ongoing manner.
87.
Freedom of religion or belief is foundational to the obligations regarding respecting,
protecting, fulfilling and ensuring accountability for the funeral rights of everyone in relation
to their thought, conscience and religion.
A.
Respecting funeral rights
88.
Respect of funeral rights requires States to refrain from violating these rights and to
recognize the absolute right of everyone to have, adopt and change religion or belief without
any coercion whatsoever, including restrictions on or denials of funeral rights in order to
coerce the next of kin.
89.
Funeral rights should ensure manifestation of religion or belief in community with
others and in public, with understanding of the specific practices relating to the deceased,
their next of kin and loved ones, and community, in respecting their laws, observances,
practices, customs and traditions (see para. 6 above). Respect, therefore, necessarily includes
the norm of consulting communities in all matters that concern them. 111
B.
Protecting funeral rights
90.
Protection of funeral rights requires States to prevent others from infringing on these
rights first and foremost by State actors themselves and secondly through due diligence
obligations ensuring protection for individuals and communities in exercising funeral rights
against threats, interruptions and violence from non-State actors.
91.
Freedom of religion or belief standards clarify that any limitations to funeral rights
must be in line with international law (see para. 16 above).112
C.
Fulfilling and promoting funeral rights
92.
Fulfilling and promoting funeral rights requires States to take positive steps to ensure
their enjoyment by everyone, without discrimination.
93.
Since funeral rights are distinctive to different religions, beliefs and Indigenous
traditions, and in order to understand the distinctiveness of their practices, consultation with
respective communities of practice is necessary. 113 This will therefore call for the de jure or
de facto recognition, or at least acknowledgement, of those communities. Through ongoing
dialogue with religion or belief communities, the State should seek to accommodate funeral
rights to the highest extent possible.
111
112
113
GE.25-21055
General Assembly resolution 47/135, annex, art. 2 (3).
International Covenant on Civil and Political Rights, arts. 2, 4, 18 (3) and 27.
General Assembly resolution 47/135, annex, art. 2 (3).
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