Considerations on the Persons that Can Determine the Manner of the Funeral in the Light of the ECHR Judgment from 23 May 2023 in the Case of Buhuceanu and Others vs. Romania*

Abstract

Each person owes a death and someone has to take care of the funeral even when the deceased left some instructions. The same happens in the absence of an express option of the deceased. Starting from the current Romanian legislative solution for the latter situation, the present study aims to analyse the impact of the ECHR Judgment from 23 May 2023 in the Case of Buhuceanu and Others v. Romania on the national legal framework that governs the persons who can determine the manner of funeral in the absence of an express option of the deceased. This paper argues the need of legislative intervention in order to secure the same-sex couples’ right to respect for their private and family life by affording them the possibility of legal recognition and protection, including the right to determine the manner of the deceased spouse/partner’s funeral in the absence of an express option of the latter and the right to arrange the funeral, core rights relevant to a couple in a stable and committed relationship.