The Right To Cremation

The right to cremation

However, the recognition of the right of religious freedom as a fundamental human right is a world-wide, and this calls for respect for the religious convictions of every human being and of their differing variations, even between followers of the same religion (article 13 of the Greek Constitution, Articles 18, 26 and 27of the International Covenant on Civil and Political Rights - ratified by Law 2462/1997 - Articles 9 and 14 of the European Convention on Human Rights - ratified by Legislative Decree 53/1974 - Article 18 of the Universal Declaration of Human Rights [1948], and the Declaration of the United Nations of the elimination of all forms of intolerance and discrimination based on religion or belief [1981]). The epithet of 'heretic' is not compatible, in the age in which we live, with the norms which prevail internationally. It is a constant interpretation that religious freedom includes atheism and agnosticism - and a fortiori the variations of worship and, generally of expression of these convictions, even if these are seen as disobedience to the lines laid down by the church to which, as formality or substantively, the individual belongs. This freedom is understood as having - like the exercise of all rights - non-infringement of the rights of others as its limit.

In the case of the treatment of the body after death, this right calls for the freedom of each human being to choose the fate of his/her corpse in accordance with his/her philosophy of life (religious or otherwise), or simply with his/her ideas and desires in the matter.

Another human right also militates in favor of this position: the right of the development of the personality (Article 5, para. 1 of the Greek Constitution), in conjunction with the provision on the protection of human value (Article 2 of the Greek Constitution, Article 1 of the Universal Declaration of Human Rights), as that has been constantly interpreted by our own legislation, which extends it to what happens after death.

More specifically, the penal Legislator has established as a criminal offences insulting behaviors towards the dead (Article 201 of the Penal Code, where, moreover, insulting behavior towards the ashes of the dead is expressly mentioned) and the desecration of graves (Article 373 of the Penal Code).

In addition, the law of inheritance gives priority on the disposal of which is made first and foremost by the donor, in life, for a time after his/her death (Law 2737/1999).

The state has no interest in nor is it entitled to interest itself in these options of each individual. The only thing which it can and should do is to provide regulations which ensure that the method of disposal of which the deceased has chosen has not infringe the human rights of others, beginning with the right to health.

It is obvious that cremation of the dead, when regulated by the state, is less dangerous to the health than burial. Naturally, there is no danger of fire, etc.

Moreover - and this is of great importance it breaks up the organized interests in connection with the acquisition or use of graves, burial ceremonies, etc.

In connection with the formulation of the proposal on legislation of certain MPs referred to above, I would point out that it contains a violation of a fundamental right, the right of equality before the law without discrimination (article 4, para.1 of the Constitution), which has very important support in international instruments binding upon Greece (Articles 14 of the European Convention on Human Rights and 26 of the International Covenant on Civil and Political Rights).

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