A/HRC/61/50 their practices and display of symbols. Those provisions need to be equal and practicable and need to accommodate the diversity of funeral rights to the highest extent possible. Adequate provision means being mindful of the projected numerical demands of the community, and doing so in the light of their laws and practices. Thought needs to be given to communities that are too small to be able to operate separate sites and where diminishing numbers means that there is difficulty in maintaining sites. 47. Particular religions or beliefs may face punitive or discriminatory decisions by local and municipal authorities, deliberate disruption from local authorities or from others with their acquiescence or even have their burial sites destroyed or forcibly relocated. 48. In Cyprus, although local authorities are obliged to provide space for burial purposes for all the deceased without prejudice on the grounds of religion, in 2012 the previous mandate holder reported that religious minorities faced difficulties acquiring land for new cemeteries or using the municipal burying grounds, and in some cases Buddhists had had to “export the dead” to their countries of origin.58 49. As discussed, any limitations to funeral rights must be justified according to law (see para. 16 above). The fact that funeral rights come to be legitimately and unavoidably regulated by government authorities does not suggest that human rights violations should be overlooked. However, there has been a general tendency to do so. A. Standardization as violation 50. The European Court of Human Rights has recognized that burying the dead and cemetery layout can represent an essential aspect of individual and collective religious practice.59 Interference in the right to freedom of religion or belief may relate to the ability to bury the dead or visit graves.60 51. In China, the policy of Sinicization affects cemeteries. Under the auspices of “standardization” and “civilization”, traditional cemeteries of Uighur Muslims have reportedly been destroyed and replaced by smaller cemeteries that conform to State norms, often without the knowledge of the relatives of the deceased.61 52. In India, since 2014 municipal planning processes in many regions have reportedly increasingly normalized Hindu practices, thus marginalizing others. Muslims face frequent encroachment or seizure of graveyards; Christians are denied burial plots; Dalits continue to encounter caste-based barriers to using public cremation grounds, forcing families to cremate or bury loved ones in fields, on riverbanks or in forests; Adivasi communities see their sacred burial lands destroyed by mining, dams and infrastructure projects; and cemetery desecrations have risen sharply.62 53. In Brazil, standardized sanitary and environmental regulations reportedly create practical difficulties for minority religious groups, requiring them to take cases to court. The Jewish requirement for a burial depth of 1.1 metres according to tradition, for example, was ultimately authorized by the judiciary.63 There is judicial protection of religious burial rites and tax immunity for religious cemeteries. 54. In Sweden, the law grants the right to be buried according to one’s faith, but challenges arise in practice. In a 2021 publication,64 the author reported on practical and legal obstacles encountered when trying to carry out funerals in accordance with Islamic tradition, 58 59 60 61 62 63 64 GE.25-21055 A/HRC/22/51/Add.1, para. 59. European Court of Human Rights, Johannische Kirche & Peters v. Germany, Application No. 41754/98, Decision, 10 July 2001. European Court of Human Rights, Muslim Board Startsevo v. Bulgaria, Application No. 41214/13, Decision, 18 October 2016. Submission from German Commission for Justice and Peace. Submission from Indian American Muslim Council. Submission from Brazilian Center of Studies in Law and Religion. Simon Sorgenfrei, Muslimska begravningsseder och begravningsceremonier (“Muslim burial practices and funeral ceremonies”) (Swedish Agency for Support to Faith Communities, 2021). 11