Provision of cemeteries by local public entities and the religious freedom

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380039
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Kindai University (2016); Okayama University (2014-2015)
• Principal Investigator: TAJIKA Hajime 近畿大学, 法務研究科, 教授 (20362949)
• Co-Investigator(Renkei-kenkyūsha): OISHI Makoto 京都大学, 大学院総合生存学館, 教授 (90091660)
• Research Collaborator: TAKEUCHI Yasuhiro 愛媛大学, 法文学部, 教授 (40281456)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 信教の自由 / 葬送の自由 / 墓地埋葬法制

Outline of Final Research Achievements

Through this study, we analyzed cemetery laws in the European nations, such as Italy, Germany, Austria and France, and clarified (1) that cemeteries are usually managed by the local public entities and these entities have the legal duty to offer cemeteries to their residents in those nations and (2) that some accommodations are made in order to assure the religious freedom of religious minorities. We also clarified that, besides the religious freedom and the sanitary interests, some environmental interests, like protection of soil and water, some cultural interests, like protection of historical assets, and the coherence to the city plan are taken into consideration in regulating cemeteries.

Free Research Field

憲法