European Court of Human Rights, August 2004
The ashes of the late Husband of the applicant had been buried in a family grave in Fagersta in 1963 (the late husband had been Catholic). In 1980 the applicant moved 70 kilometres away, to be closer to her children. In 1996, the applicant requested that her husband's urn be moved to a family burial plot in Stockholm, 180 kilometres from Fagersta on the basis that she had no connections with Fagersta any more and all her children were in agreement with the proposed move. The funeral authorities having considered the Funeral Act 1990 turned down her application. On appeal the County Administrative Board found no special reasons to allow the removal of the urn having regard to the deceased's right to a peaceful rest, there being no evidence of the deceased's wishes when he was alive and there being no connection with Stockholm. The applicant's request for leave to appeal domestically was rejected. She died in 2003 and was buried in the family plot in Stockholm. The applicant complained under Article 8 of the Convention. The European Court analysed the Funeral Act and concluded that the interpretation of the act is "very strict" citing for example that the fact that surviving relatives have moved and that there is no public transport to enable a visit to a grave is not sufficient. The Government argued that, whilst the refusal to remove the urn constituted an interference with the applicant's private life, it was in accordance with the law and served legitimate aims-inter alia, the sanctity of the grave. The Government argued for a wide margin of appreciation in the particular facts of this case. The Court considered that the complaint raised serious issues of fact and law under the Convention, the determination of which should be on an examination of the merits.
(2005) 8 Ecc LJ 231-232
