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by windows_tips 2899 days ago
>Right are a completely arbitrary construction of organized society so it's strange to suggest there are any absolute rules that govern 'rights.'

Are you familiar with the United States Declaration of Independence [0]?

>We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

It seems to me that 'rights' could exist without an 'organized society'. But, so far, I don't think any 'organized societies' really recognize 'rights of a dead person' (chiefly, I think, because there is no longer a 'person' to have rights).

Do you know of a law that grants rights to dead persons?

[0] http://www.ushistory.org/Declaration/document/

1 comments

Some states (Florida and California, I believe) have laws prohibiting release of photos of corpses -- granting the dead a limited right to privacy. Laws prohibiting the disturbance/mistreatment/abuse of corpses are common, but not universal.
I highly doubt California has such a law. It would not be constitutional[0] if it did:

>SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.

Also of interest to this thread is:

>SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

How does a dead person enjoy life and liberty? Acquire, possess, protect property?

[0] https://leginfo.legislature.ca.gov/faces/codes_displayText.x...

Some of the provisions in health safety code prohibit disturbance of remains, except where specifically authorized. [1] There are other sections that require the written wishes of the deceased regarding the remains to be followed without undue delay if they are clear and properly funded.

Upon further looking, I can't find anything to back up my claim on photos. There have been various efforts to provide these from time to time, but it doesn't look like any of them resulted in passed laws, or case laws. There's some case law around heir's right to privacy with regard to photography of the deceased, but that doesn't seem well settled either.

[1] https://leginfo.legislature.ca.gov/faces/codes_displayText.x...

I'm not sure if you are playing or just didn't read the law very carefully, but disturbance of remains is not prohibited by what you linked.

>wantonly disturbs