Standardy praw człowieka w zakresie autopsji i ekshumacji – refleksje na gruncie prawa i praktyki Rady Europy
Human rights standards considering autopsy and exhumation – reflections on the law and practice of the Council of Europe

Summary/Abstract: Autopsy and exhumation are considered to violate one of the greatest sanctities for humanity, which is the peace of the dead. Most religions and cultures advocate almost absolute respect for this value. However, there are situations where it is necessary to intervene in this peace. These interventions are justified by the need to establish the causes of death, the circumstances of death, the fate of the deceased or the need for proper worship. It is essential, however, that the interference is carried out to the highest possible standard of conduct. Unfortunately, this standard is only sometimes achievable at the national level. Due to the universality of values, much in this respect can be gleaned from the law-making activity of the Council of Europe and the jurisprudence of the European Court of Human Rights. The analysis aims to reconstruct this standard and to indicate its effectiveness and the possible need for changes or additions. It also provides an insight into the most frequent causes of violations of the rights of individuals who are the relatives of the deceased.

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