The labyrinthine law of disposal of the dead: the complications, the complexities and the convention

This thesis examines whether the law of disposal of the dead in churchyards fits within the human rights framework of the European Convention on Human Rights. In doing this it aims to fulfil three objectives. Firstly, to show that the body responsible for much of the policy and decision making in relation to disposal of the dead is a functional public authority for the purposes of the Human Rights Act 1998, secondly to analyse the existing rules and procedures around burial, maintenance and management and exhumation in churchyards against that framework of human rights and finally to demonstrate where there are opportunities for the Church of England to consider its policies and laws that regulate this area of law. Disposal of the dead is, of course, a sensitive subject which involves not only the rule of law, policy making, public heath, moral and ethical issues but it is also one of the essential functions in society which passes on important messages to those generations to come. This thesis plays a vital part in untangling what is, without doubt, a complex area of law by using the human rights framework to evaluate and critique the existing law with a view to highlighting where the Church of England's regulatory structure is at risk of breaching human rights standards. The social costs of disposal of the dead and land management are increasing and this thesis also has an important role in public discussion of the issues of rights and responsibilities for funding. Within the thesis, the human rights framework of the European Convention on Human Rights and the Human Rights Act 1998 are placed over the existing practices to create a juxtapositional matrix or map which demonstrates where the current law is out of synchronisation with a human rights framework and thus supports the hypothesis that in some key areas, the Church of England and more particularly the PCC are open to challenges brought under the Convention and other rights.