answer is what is a human being? Moreover, the less obvious question is where
does dignity, which is the source of the inalienable rights bestowed upon the
human beings emanate from? Central to being a human being is life, as simple as
that appears the question of when does life begin is rather a difficult one on which
consensus is very far from being reached. However, the question of when does
life end is far less controversial, death is the end of life and thereby the end of
being considered a human person.
16. In addition to the theoretical bottlenecks, the Committee notes the practical
problems that may arise in attributing human rights to the dead. Dignity, as a
foundation for universal human rights, needs a universal standard; that is how
rights such as prohibition of cruel and inhumane treatment can be implemented.
Human rights bodies develop standards that can be applied universally to ensure
the implementation of such rights. However, if remains of humans are to be
granted dignity and human rights this will prove to be an impossible task.
Remains of humans are treated differently in different cultures, religions and
jurisdictions. There are ancient ritual such as mummification, the most common
once such as burial and cremation as well as the latest modern once such as
Plastination, Eternal-reefs, Freeze-drying and Space Burial. There rituals range
from preserving the body in a recognisable form up to mixing the crushed bones
of the remains of a human with concrete to make underwater reefs that can be
habitat for fish.
17. The Committee notes that jurisprudence dealing with a human rights question in
relation to the remains of a human is rare. The European Court of Human Rights
(ECHR) in the case of Elberte v Latvia dealt with an issue concerning removal of
a body tissue from a corpse, for pharmaceutical use, without the consent of the
deceased’s wife according to an agreement approved by the state. The court
ruled that the removal is violation of article 3 (prohibition of inhumane and
degrading treatment) and article 8 (the right for respect to private and family life)
of the European Convention on Human Rights.3 However, the violations were not
of the rights of the deceased but of the rights of the applicant who was the wife of
the deceased under the European Convention. The court stated that the
applicant’s right to private life was violated and she suffered metal torture ‘due to
the intrusive nature of the acts carried out on her deceased husband’s body and
the anguish she suffered in that regard as his closest relative.’4
18. The Committee recognises that the universality of human rights comes from its
definition, it refers to rights human beings possess simply because they are
human beings. Human beings have basic life sustaining interests that inspired
and helped formulate various groups of rights. Human corpses on the other hand
do not have any vital, life sustaining, interests. Human rights are intended and
3
4
Elberte v Latvia, ECHR Para 117
Elberte v Latvia, ECHR Para 142
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