Background
The legal research within the Death Care project focuses on the challenges concerning death care in a sustainable and super-diverse society.
In our rapidly evolving society, preferences surrounding funerals have become considerably more diverse and individualized over the past fifty years compared to the time when the vast majority of people were buried in a coffin according to Catholic rituals. At the same time, technological developments have introduced new options for burial methods (e.g., resomation), which were not anticipated in the current legislation.
Due to these recent changes in the funeral landscape, legislation regarding funerals and the protection of the deceased has become outdated. Moreover, this legislation is fragmented and limited. This is partly due to the fact that funeral and burial regulations are a regional competence in Belgium, resulting in different regulations in Flanders, Wallonia, Brussels-Capital Region and the German-speaking Community.
Legal challenges
The legal challenges in this project are primarily concentrated in five key areas. Click on an area to read more about it.
The legal protection of the deceased
Currently, it is the responsibility of the surviving relatives to take action against violations of the deceased’s dignity or memory. But what happens if there are no relatives, or if they choose not to act? This raises a fundamental question: Should the corpse and the personality of the deceased be granted legal protection independently of the next of kin?
Options for corpse disposal, including alternative methods (e.g., resomation) and body donation for scientific or artistic purposes
In Belgium, the options for corpse disposal are limited, despite a clear evolution and growing demand for innovative, often more environmentally friendly options such as resomation or green burials, which are legally permitted in an increasing number of countries.
Body donation to science
Additionally, body donation for science is becoming increasingly popular. However, Belgium lacks a general legal framework, leaving universities to develop their own procedures. This results in a lack of uniformity and transparency.
Funeral preferences among religious minorities, with a focus on Islamic and Jewish communities
Significant legal barriers exist, particularly for Muslim and Jewish communities, for example related to the religious requirement to bury a body within 24 hours and the lack of options for eternal grave rest in Belgium.
The rights of family members regarding funerals during pandemics or other health crises
During the COVID-19 pandemic, the rights of family members to organize funerals were significantly restricted. Cremation was often recommended, and large gatherings were prohibited, clashing with religious and cultural traditions. These restrictions raised critical questions about the proportionality of such measures. Looking ahead to future health crises, it is essential to determine which limitations can be justified in such situations.
Aims
The legal work package aims to:
1. To identify shortcomings in the current regulations in light of emerging societal needs, such as environmentally friendly, autonomy-enhancing, and dignity-preserving measures.
2. To identify best practices and foreign solutions based on comparative legal research for regulating alternative methods of corpse disposal (e.g., body donation), accommodating diverse funeral preferences (e.g., those of religious minorities), and ensuring the adequate protection of the deceased.
Ultimate aim:
The ultimate aim of this research is to propose a revised and comprehensive legal framework that better aligns with contemporary societal, environmental, and cultural needs concerning corpse disposal, funeral preferences, and the protection of the deceased.