Burial of the Deceased at the Meilen Cemetery

Facts

Ms. X.-Y. passed away on 25 December 2001 in Athens. Her body was transferred to Meilen, and the Meilen Funeral Office was instructed to cremate and subsequently inter the urn at the Meilen Cemetery. The deceased's husband, X., and their four children wanted to bury the deceased in Rome instead. However, the President of the Meilen Health Authority ordered the cremation and urn interment at the Meilen Cemetery. The complainants filed a constitutional appeal against this order with the FCt.

Considerations

The FCt dismissed the appeal. It found that the deceased had expressed the wish to be buried at the Meilen Cemetery in a handwritten "codicil to the will" dated 22 April 2001. This directive enjoys constitutional protection and takes precedence over the right of the relatives to determine the place of burial. The ordered urn interment at the Meilen Cemetery is based on a legal basis (Sec. 79(3) of…