Rejection of a deer sculpture as a gravestone on a family grave due to lack of aesthetics

Facts

The complainant N. wanted to erect a bronze deer sculpture designed by sculptor X. on a family grave at the Hörnli cemetery, where his deceased child is buried. The cemetery office rejected the request, as it considered the sculpture to be a "banal garden sculpture" that would appear out of place in the cemetery. The appeal was dismissed by the Department of Health and later by the Administrative Court.

N. then filed a constitutional complaint, arguing that the decision violated the unwritten constitutional right to free design of gravestones and Article 4 of the Federal Constitution (principle of equality).

Considerations

The Federal Court dismissed the complaint. It stated that there is no unwritten constitutional right to free design of gravestones. However, cantons and municipalities may enact regulations for the aesthetic design of cemeteries to ensure a dignified and harmonious appearance.

The rejection of the deer sculpture was neither arbitrary nor discriminatory. The authorities had correctly applied the provisions of the Burial and Cemetery Regulations and were entitled to impose particularly high aesthetic requirements for…