1. Introduction – 2. Literature Review – 3. Methodology and Research Methods – 4. Results and Discussions. – 4.1. Comparative Legal Frameworks on post-Mortem Dignity in the EU. – 4.1.1. Post-Mortem Dignity in EU and National Legal Frameworks. – 4.1.2. Legal and Political Challenges in Establishing a Harmonized Framework. – 4.2. Digital Inheritance and Post-Mortem Image Rights in the EU. – 4.2.1. Post-Mortem Rights in the Context of Digital Assets. – 4.2.2. Digital Risks: Data Misuse, Disinformation and Propaganda. – 4.3. Post-Mortem Justice in Contexts of Crisis: The Impact of European and International Public Law on Managing Mass Graves. – 4.3.1. Historical Context. – 4.3.2. Technological Advancements and Cultural Sensitivities. – 4.3.3. Forensic Technologies in Mass Grave Investigations. – 4.3.4. Comparative Table of Post-Mortem Rights in Selected Jurisdictions. – 4.4. Violation of Post-Mortem Rights During the Russian-Ukrainian Conflict Through Unsecured Social Media Platforms. – 4.4.1. Digital Warfare and the Visibility of the Dead. – 4.4.2. Response of the European Union to the Violation of post-Mortem Rights Through Unsecured Social Media Platforms. – 5. Conclusions.
Background: The handling of bodies after death has increasingly become a controversial topic in European legal discourse, not least at the crossroads of human dignity, data protection, and forensic justice. Although human dignity is enshrined as one of the fundamental principles offered for protection under EU law, the exploration of such a principle and its extension to post-mortem interests is patchy and divergent within different Member States. The article (i) assesses whether, in the European legal framework, human dignity has justiciable implications beyond death; and (ii) examines how the EU might reconcile growing expectations regarding post-mortem rights in the context of digitalised warfare, big data and hybrid conflicts. To illustrate these challenges in practice, the analysis incorporates Ukraine as a contextual case study, where the Russia–Ukraine armed conflict has exposed large-scale casualties, the digital dissemination of images of deceased persons, and the limitations of existing European protection mechanisms.
Methods: The paper presents a comparative legal analysis of EU law, specific legislation in selected Member States, and limitations in international human rights norms with a focus on the jurisdiction of the European Court of Human Rights. It also builds on interdisciplinary research, bringing together legal doctrine, bioethics, and the study of digital governance. The methodology is predominantly doctrinal and analytical, supported with cases illustrating different national approaches to the protection of posthumous dignity and rights.
Results and Conclusions: The article highlights that EU law lacks a systematised framework for post-mortem dignity, thus leaving Member States free to regulate in a fragmented and sometimes contradictory manner. National solutions vary considerably, from strong protection of post-mortem personality rights with specific remedies (Germany, France) to the lack of any existing legal remedy (United Kingdom). This continuing digital legacy in contemporary wars—illustrated by the case of Ukraine, where mass graves and images of deceased persons distributed online have raised urgent concerns—points to the limitations of current mechanisms, including the GDPR and the Digital Services Act. These trends indicate that the EU could adopt deeper integration, integrating non-binding legislative and judicial cooperation instruments, in line with prevailing international standards, with a view to reducing an identified gap between the formal recognition of human dignity and its effective post-mortem protection.