Charles Byrne, Last Victim of the Bodysnatchers: the Legal Case for Burial.

The retention and display of the remains of Charles Byrne, an Irishman with acromegaly, by the Hunterian Museum of the Royal College of Surgeons has been contentious for some years, and the moral case for his release for burial has been repeatedly made. This article makes the legal case through five arguments. The first three concern common law rights and duties; Byrne's right to burial, the duty of the State to ensure his burial where others do not, and the right of his friends to assume that duty. The fourth concerns Byrne's common law right to direct his disposal, and, related to this, not to be retained and displayed. The fifth, which underpins the rest, is that Byrne is not, and has never been property, and it is in fact intuitively and legally arguable that he, like other corpses, remains a person. The article finally outlines three options available to those wishing to ensure Byrne finally has the burial at sea that he sought to ensure in 1783.

Secularizing funerary culture in nineteenth-century Belgium: A product of political and religious controversy.

Modern historiography of collective attitudes, practices, and conflicts surrounding death often focuses on the institutional history of cemeteries and nonreligious funerals in 19th-century France. Institutional and cultural discussions concerning funerals and cemeteries also divided nineteenth-century Belgium. This article explores emblematic civil burials and the secularization of cemeteries in major Belgian cities. The article distinguishes different dimensions of the secularization of death and highlights the particular nature of Belgian funerary conflicts and burial reform within a broader European context.

Autopsy in Islam: Considerations for Deceased Muslims and Their Families Currently and in the Future.

Religious beliefs and cultures have influenced treatment of dead bodies in different ways by nations throughout history, and attitudes toward the deceased individuals have changed across time and so has the role and mechanism of autopsy. Islam has been a part of Europe for a long time; therefore, we would like to emphasize the important issues for Muslims and their families regarding death, autopsy, and funeral and to describe international perspectives of Muslim autopsies. Muslims have expressed their views on autopsy publically and internationally, and there have been claims of violation of the deceased, delays in burial, and nonconsideration of their religious beliefs. In this article, we aim to increase awareness and understanding of doctors about the religious and ethical issues important to Muslims and their families, so that appropriate considerations may be made where possible with regard to respectful treatment of deceased loved ones to decrease tensions presently being faced. Forensic medicine doctors could assist by undertaking autopsy without delay, in a private room by those of the same sex, and covering parts of the body not being worked on at that time.

About the influence of burial on the development of forensically relevant blow fly larvae.

The determination of the minimum post-mortem interval (PMImin) based on the age estimation of necrophagous blowflies is an established forensic technique. Blow fly larvae are able to continue their development to the adult insect on buried corpses. However, it is not clear which factors influence their viability under these circumstances or to what extent. This was investigated in the present paper for Calliphora vicina, one of the most common blowflies in Germany. In respect to forensic casework, an explicit question was if reference values obtained by rearing blowfly larvae under laboratory conditions could be applied to individuals growing in a shallow grave. Under variable ambient temperature conditions, hatched flies exhibited a slightly lower length of the wing veins (0.2 mm) and of the tibia (0.1 mm) than the larvae which had been buried. The period of development, expressed as accumulated degree days (ADD), was 399.8 in buried larvae and 406.1 in larvae not covered with soil as control. Under constant temperature conditions no significant differences in the body length of the larvae and the average time of development (20.3 respectively 20.4 days) was observed. The results of the present study thus suggest that the data published on the development of C. vicina larvae can be used to calculate the PMI of a corpse found in a shallow grave of not more than 20 cm depth.

A problem of modernity: Dual burial plots, the right to inter, and the interrelationship between the two.

Vosnakis v Arfaras directly raises the issue as to how private law will resolve the tensions that can exist between family members in relation to burial licences and the right to inter. In evoking contract, property and statute; the case reveals the complexity associated with this area, specifically in relation to dual burial plots, and how rather simple family disputes can escalate significantly beyond their economic worth. Recommendations to include a registry system to record details of funeral arrangements is encouraged to ensure that the many thousands of dollars spent by the litigants in this case is not repeated by other families. This, along with courts being required to give effect to the wishes of the deceased, will provide a clarity that is currently missing. In a time when the population is increasing, a changed dynamic to family life in Australia, and less land available for internment, the problem of the relationship of a dual burial licence and the right to inter is one of modernity, but one to which the community should expect the application of policy initiatives to complement a coherence within the legal position. This coherency and such policy initiatives are currently lacking but, with simple measures, this position can be rectified.

[Perinatal and intrauterine infant death: professional practices and their effects on healthcare personnel]. / A perinatalis veszteségek és intrauterin magzati halálozások aktuális szakmai gyakorlatának, valamint a szakemberekre gyakorolt hatásainak vizsgálata.

INTRODUCTION: The sorrow caused by perinatal loss is a phenomenon of pathological mourning, a burden for the parents, their environment and the medical personnel, yet, it is a less studied field. AIM: (1) To present the applied practice in healthcare institutions, to compare the valid protocol with the effective help provided and to study how these events affect the helping personnel professionally and psychologically. METHOD: In-depth interviews with the involved personnel (n = 8). The authors studied the practice of the given institution; existing and wanted theoretical and practical competencies; personal attitude and the experienced difficulties. RESULTS: Acting well professionally is a specially demanding task, with few tools to use when communicating, when helping the parents cope with sorrow, or when coping with their own feelings, all these involving a risk for burn-out. CONCLUSIONS: The results can serve to create trainings aimed at helping the patients with adequate support and improving coping strategies.

Confusing criminal and civil law: when may a hospital refuse to release a dead body?

A United Kingdom bereavement advice group has expressed concern that hospitals in Britain may be acting "illegally" in refusing to release dead bodies to relatives unless they provide evidence that funeral arrangements have been made. In some cases, hospitals may have refused to release a body to anyone other than an undertaker. The charity argues that this behaviour constitutes the common law offence of preventing the lawful burial of a body. This article considers the confusion that may occur between this offence and interference with the right to possession of a body for lawful burial. The conclusion is that it is extremely unlikely a hospital or its employees would fall foul of the criminal law in refusing to release a dead body and may be liable in the civil courts if they release a body to someone who does not have the duty and consequent right to possession of the body for lawful burial.

The ghost dead: ethical and medico legal analysis on the Mediterranean tragedies.

Background: Cadaveric identification represents a legal, moral and medico-legal obligation and also fulfills the ethical function to allow the living to offer their dead a merciful burial. In the Mediterranean basin we have been witnessing for years a struggle for life where hundreds of migrants die in an attempt to reach Europe. For these people right to be recognized is not easy because of ante-death biological data are not always available for comparison, and DNA analysis is not always feasible cause for the absence of data with which to compare. In Italy a multidisciplinary protocol has been adopted that involves the acquisition of data provided by family members present in the countries of origin. Materials and Methods: Between August 2015 and December 2021, bodies of 879 migrants of various nationalities washed up on the shores of Sicily and Calabria. These men, women, and children, in various states of preservation, were examined. Each body underwent a multidisciplinary approach. External examination and autopsy aimed to determine the cause of death for judicial purposes and to facilitate individual identification. Whenever possible bodies underwent total body post-mortem computed tomography examination to identify fractures and prosthetic implants. including inspection of the third molar to provide an estimate of the age. Conclusions: The activity carried out in cooperation with Prefecture, Scientific Police, and National and International Red Cross highlighted the importance of employing multiple scientific skills to compensate for the lack of biological information. The importance of appropriate behaviors to avoid contamination and ensure proper preservation underlines the importance of the establishment of a dedicated database.

The International Committee of the Red Cross and the protection of world war dead.

The first Geneva Conventions were signed in 1864 and this initial effort to put humanity in war has since developed into a network of international conventions and customary rules which include the dead as a group that must be protected during and following armed conflicts. During the First and Second World Wars, parties to the conflict were obliged to recover the dead from battlefields, document identifying marks including the collection of identification discs, and to bury the body in a marked grave. Those parties' signatory to the laws regulating war at the time, could not have predicted the millions of losses of civilians and combatants resulting in the thousands of casualties left unrecovered at the end of both world wars. The prolonged requirement to recover, identify and bury newly-found World War dead is managed differently by each country; albeit with no universal approach that acknowledges the need to integrate the moral imperative of dignified post-war care of the dead with rapidly changing technology and equally rapidly ageing of families of the missing. The International Committee of the Red Cross is a longtime actor in providing humanitarian service to soldiers and civilians in war. This includes expertise in the legal framework regulating armed conflict, in the provision of a central system to aid in tracing those who go missing during war, including those from the world wars, and in the growing field of humanitarian forensics. This paper will discuss the applicable international frameworks for the protection world war dead, while promoting the ICRC's role as resource and advocate.

International Committee of the Red Cross (ICRC): Cemetery planning, preparation and management during COVID-19: A quick guide to proper documentation and disposition of the dead.

Based on its forensic capacity and experience gained worldwide from the management of the dead in emergencies, including epidemics, the International Committee of the Red Cross has been asked by the authorities and other relevant stakeholders in some of its operational contexts to advise on the planning, preparation and management of cemeteries during COVID19. The management of the dead process includes proper documentation and appropriate disposition, including temporary burials. If there is a sudden and significant increase in the number of deaths, local capacities can quickly become overwhelmed. This guidance, prepared for the COVID19 pandemic, can be applied to any incident involving mass fatalities when the local capacity to provide safe, appropriate and dignified burials is overwhelmed. Specifications on size, spacing, excavation depths, and information about other important considerations are provided. In addition, it provides recommendations on how to correctly map graves while ensuring the traceability and correct management of bodies in a cemetery. Procedures for receiving bodies, as well as measures to ensure the health and safety of relatives and cemetery staff are also covered in this guidance.

How Should Public Health Officials Respond When Important Local Rituals Increase Risk of Contagion?

During the 2014-2015 Ebola epidemic in Sierra Leone, people were required by law to call a trained "safe burial" team to dispose of the body of a person who had died from Ebola. It took days for a team to arrive, however, due to limited resources and rural travel obstacles, so some villagers felt obliged to bury their loved ones themselves. Even with timely arrival of a team, there can be cultural priorities that deserve attention. One man's case discussed in this article suggests the need for Ebola responders to consider villagers' perspectives and possibilities for compromise.

[Safe management of COVID-19 dead bodies in sub-Saharan Africa: could families be allowed to bury their dead?] / Gestion sécurisée des dépouilles de personnes décédées de la COVID-19 en Afrique sub-Saharienne: et si on laissait les familles enterrer leurs morts?

Sub-Saharan African countries have been hit by the Coronavirus 2019 pandemic (COVID-19) since March 2020. Besides the resulting health and economic disasters is the psycho-socio-cultural problem related with the management of corpses of people dead from the disease, which might hinder the implementation of the response strategy. In Cameroon for instance, the current corpse management policy is very disputed. In fact, although they were recently made more flexible, the restrictions applied to burials still ban any transfer of dead bodies between cities. In light of the African cultural considerations of dead persons, the disputes observed between the families and the health personnel, the legislation and the available scientific evidence, this article analyses the risks and benefits of allowing families to bury their relatives. It thereafter suggests solutions that reconcile dignity (by allowing families to bury their dead relatives in their homes) and safety (by ensuring a sealed handling and the surveillance by a judiciary police officer). Applying these solutions could improve the population's trust towards the health system, and positively contribute to COVID-19 case prevention, identification and management.

Disputed family claims to bury or cremate the dead.

A significant number of court decisions in Australia have wrestled with the issue of who among equally ranked next-of-kin should have priority in determining the timing and place of a loved one's burial or cremation. The first port of call for such decision-making can be the coroner who must determine to whom to release a body, where a death has been reportable, but disputation occurs also in non-coronial contexts and has repeatedly fallen for resolution by Supreme Court judges. The decisions have identified a variety of practical considerations which have been taken into account. However, there remains considerable uncertainty about the significance of factors such as religious, spiritual and cultural values, as well as the nature and extent of the care-giving role, as influential considerations in respect of courts' decisions. While greater predictability of courts' decision-making might be therapeutic, it may be that the variability of factual situations precludes the construction of a hierarchy of relevant considerations.

[Legal and practical aspects of perinatal death]. / Overleden pasgeborenen: wet en praktijk.

There is some debate as to whether the Dutch Burial Act applies to neonatal deaths after a gestation of less than 24 weeks. It is recommended that the Act be considered applicable in these situations, leading to a compulsory (external) post mortem examination, the issue of an official death certificate, and registration of the birth and death at the official registry office, followed by burial or cremation according to the law. The Act should be amended to this effect. It is also recommended that the Burial Act no longer apply in cases of known intra-uterine death before 24 weeks of gestation where birth takes place after 24 weeks. The stipulated cut-off point in the Act for defining a miscarriage as opposed to a birth or stillbirth, i.e. 24 weeks of gestation, should preferably be replaced by the international (WHO) criterion of a birth weight of 500 g, as this will lead to less ambiguity and a better comparison of Dutch and international data concerning perinatal mortality.

Filipino veterans' benefits improvements. Interim final rule.

This document amends Department of Veterans Affairs (VA) adjudication regulations to reflect changes made by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001, which changed the rate of compensation payments to certain Filipino veterans residing in the United States and the Veterans Benefits and Health Care Improvement Act of 2000, which changed the amount of the burial benefit paid to the survivors of certain Filipino veterans who were residing in the United States at the times of their deaths.

Veterans Benefits and Health Care Improvement Act of 2000. Final rule.

This document amends various Department of Veterans Affairs(VA) regulations concerning the definition of the term "active military, naval, or air service"; the payment limitation based on the value of certain incompetent veterans' estates; the plot allowance for certain individuals buried in State veterans' cemeteries and the limitation on payment of pension for certain recipients of Medicaid-covered nursing home care. The amendments are necessary to reflect statutory changes contained in the Veterans Benefits and Health Care Improvement Act of 2000.