Information Note on the Court’s case-law 67

August-September 2004

Elli Poluhas Dödsbo v. Sweden (dec.) - 61564/00

Decision 2.9.2004 [Section III]

Article 8

Article 8-1

Respect for private life

Refusal of authorities to transfer a funeral urn from one burial place to another: admissible

The applicant’s husband, who died after having lived with his wife and children in the same city for 25 years, was buried in a family grave in the city cemetery. The applicant subsequently left that city to move closer to her children, and later requested that her husband’s urn be moved to her family burial plot in Stockholm, where she intended to be buried herself after her own death. The authorities and the courts refused the request. On the basis of the Funeral Act, the County Administrative Court found against the applicant on grounds that her husband did not have a closer connection to Stockholm than he had to the city where he had been buried, and because there were no special reasons which could justify the disturbance of his peace. Following her death, the applicant was buried at the family burial plot in Stockholm.

Admissible under Article 8.

© Council of Europe/Europea n Court of Human Rights This summary by the Registry does not bind the Court.

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