Special Law on Cremation in Honduras

This Decree shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the eighteenth day of the month of September of Two Thousand Thirteen. JUAN RAMÓN VELÁSQUEZ NAZAR PRESIDENT, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Power. Therefore: Execute it. Tegucigalpa, M.D.C., October 17, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENTS OF INTERIOR AND POPULATION. CARLOS ÁFRICO MADRID HART Legislative Power DECREE No. 228-2013 THE NATIONAL CONGRESS. WHEREAS: That the human person is the supreme purpose of the State and of society, not only in its physical condition, but also in its spiritual condition, which must even encompass its family, in cases such as its death, with respect to mourning, culture, religion and its last will. WHEREAS: That Article 211 of Decree No. 65-91 dated May 28, 1991, containing the Health Code, the Secretariat of State in the Department of Health, shall authorize the cremation of corpses and human remains in Honduras in cases of epidemics, without regulating any other case. However, in developed countries the right to dispose of one's mortal remains during life is respected in accordance with one's last will, belief or culture, or in its absence, their close family members do so, as well as other cases of public utility and health by the Health Authority. WHEREAS: That it is the competence of the National Congress to create, decree, interpret, reform and repeal laws. THEREFORE, IT DECREES: The following: SPECIAL LAW ON CREMATION IN HONDURAS

PURPOSE OF THE LAW. This Law has as its purpose to create the legal framework to regulate the cremation of corpses and human remains in Honduras. Its provisions are of public order and indefinite duration.

DEFINITION OF CREMATION. For the purposes of this Law, cremation is understood as the process of incineration of a corpse or human remains and their inhumation, in accordance with the requirements and procedures established in this Law. Likewise, inhumation is understood as the final destination of the product of cremation.

COMPETENT AUTHORITY. It is the responsibility of the Secretariat of State in the Department of Health or Health Authority, with respect to this Law, to do the following:

• 1)

  Issue legal and technical regulations for the cremation of corpses and human remains;

• 2)

  Authorize the operation in the country of public or private crematoria dedicated to the cremation of corpses and human remains and their inhumation;

• 3)

  Regulate and supervise the operation in the country of public or private institutions dedicated to the cremation of corpses and human remains and their inhumation, without prejudice to the exclusive competencies of municipalities, Environmental Authority or other competent authorities;

• 4)

  Suspend or cancel the authorization referred to in numeral 2) of this Article;

• 5)

  Issue a mandatory opinion for obtaining the permit established by the Law of Municipalities and the Law of Police and Social Coexistence, for the Business Operations Permit referred to in numeral 2) of this Article;

• 6)

  Maintain a registry of public or private institutions dedicated to the cremation of corpses and human remains and their inhumation, authorized to operate in the country and receive from municipalities reports of the specific registries that they must maintain for this purpose;

• 7)

  Issue the respective Executive Agreement, in the case of the situation contained in numeral 4) of Article 6 of this Law;

• 8)

  Grant the authorization required in the situation established in numeral 5) of Article 6 of this Law; and,

• 9)

  Such other functions as correspond to it in accordance with this and other laws.

OPERATION OF CREMATORIA FOR CORPSES, HUMAN REMAINS AND THEIR INHUMATION. The operation of public or private crematoria is authorized by each Municipality in its respective municipal territory. Prior to a favorable opinion from the Health Authority and the Environmental Authority. For its operation it is a requirement that they be authorized, in accordance with this Law to operate in the country.

AUTHORIZATION FOR THE CREMATION OF CORPSES, HUMAN REMAINS AND THEIR INHUMATION. Cremation itself and its inhumation is authorized individually by the Municipality of the territory of the last domicile of the deceased person in question; when this is unknown, the provisions of the Law for determining it shall apply. When his identity is unknown, the special procedure established in this Law shall apply. The authorization referred to in this Article shall only be denied when none of the situations established in this Law are met.

SITUATIONS TO AUTHORIZE CREMATION. Cremation may only be authorized when any of the following situations are met:

• 1)

  It is ordered for oneself by testamentary means;

• 2)

  In the event that the situation in the present numeral is not met, it shall be ordered by one's spouse or household partner with Common Law Union duly recognized or otherwise publicly notorious;

• 3)

  In the event that numerals 1) and 2) above do not apply, it shall be authorized in order of precedence by one's descendants and ascendants in direct line within the third (3rd) degree of consanguinity or adoption;

• 4)

  In special cases where the health authority orders cremation due to contagious or contaminating diseases or, in case of epidemics or disasters of significance; and,

• 5)

  The identity of a corpse is unknown, it is not claimed within the term of Law, and there is no possibility of it being used for scientific purposes.

CREMATORIA FOR CORPSES, HUMAN REMAINS AND THEIR INHUMATION. Cremation may only be carried out in crematoria authorized for such purpose, which have current permits to operate. They shall be subject to supervision by the Health Authority, without prejudice to the competencies that the Law attributes to other institutions.

SPECIAL CASES, EPIDEMICS AND DISASTERS. In order for the Competent Authority to authorize cremation in the cases referred to in numeral 4) of Article 6 above, the respective medical opinion is required, countersigned by the Director of the Hospital from which the Health Center where the person to be cremated died depends. In the event that death did not occur in an authorized health or hospital center, the responsible party must obtain it as a priority from the competent Regional Health Authority. Authorization for Cremation in cases of epidemics and disasters must be based on the respective Emergency Agreement.

INHUMATION OF CREMATION. The product of Cremation must be inhumed exclusively in cemeteries authorized in accordance with Law, meeting the requirements and through the procedures that the Health Authority shall establish by regulation.

FILES. Medical and administrative files related to Cremation must remain in the respective institutions for a minimum period of five (5) years. However, the aforementioned institutions must send quarterly to the competent Regional Health Authority as well as to the corresponding Municipality a report of the cremations that have been within their knowledge. Said Authority must submit within the same term a copy of the aforementioned report to the Health Authority.

SANCTIONS. Without prejudice to the criminal, civil and administrative responsibility that corresponds, failure to comply with this Law is sanctioned with a fine, in accordance with the following criteria and ranges:

• 1)

  To institutions or persons that commercialize or provide cremation services for corpses, human remains and Inhumation, without the authorization of the Health Authority, Environmental Authority or Business Operations Permit, with ten (10) to fifty (50) minimum wages at their highest value. In addition to the closure of the business;

• 2)

  To institutions that provide cremation services for corpses, human remains and Inhumation, infringing the legal and technical regulations established, with five (5) to thirty (30) minimum wages at their highest value; and,

• 3)

  To the public official who fraudulently authorizes the cremation of corpses, human remains and Inhumation of the product thereof, with five (5) to twenty (20) times his nominal salary, without prejudice to administrative responsibility in accordance with the applicable labor regime. The product of the Fine shall be deposited in the respective Municipal Treasury and shall be redistributed through the Municipal budget, in sixty percent (60%) for investment projects and forty percent (40%) for operating expenses of the unit in charge of the supervision referred to in this Law. When the institution operates in the territory of two (2) or more municipalities, the amount of the fine shall be distributed among them in proportional parts, unless otherwise agreed. In relation to what is provided in numeral 2), the suspension or closure of the business shall be imposed by the Health Authority, in accordance with the severity of the infraction, in accordance with what is established in the Regulation of this Law.

APPLICATION OF SANCTIONS. The respective Municipal Justice Department shall impose the corresponding fine, determining the specific amount thereof taking into consideration the following criteria: 1) The severity of the action or omission committed and the damage caused; and, 2) In the case of numerals 1) and 2) of Article 11 of this Law, the volume of sales recorded or presumable and the damage caused shall also be taken into account. In case of non-compliance with the sanction applied, its claim shall be executed through the Administrative Litigation Jurisdiction.

ACTIONS. Those who consider their rights violated by a Cremation may file the corresponding criminal and civil actions in the competent Court in order to deduce the responsibility that may correspond under Law.

ACCREDITATION OF EVIDENCE AND IDENTITY. As a prerequisite to the authorization of a cremation, the Health Authority must require the accreditation that the pertinent tests have been performed on the deceased, in cases where death is violent as a consequence of criminal action, in any case, without exception the identification evidence must be preserved such as DNA to ensure the rights that could be claimed in accordance with Law.

REGULATIONS. The State Secretariat for the Ministry of Health shall issue the Regulation for the Implementation of this Law within sixty (60) days from its effective date.

EFFECTIVE DATE. This Law shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Done in the city of Tegucigalpa, municipality of the Central District, in the Session Chamber of the National Congress, on the eighteenth day of the month of September of two thousand thirteen. JUAN RAMÓN VELÁSQUEZ NAZAR PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., October 17, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE STATE SECRETARY FOR THE MINISTRY OF HEALTH. JOSÉ SALVADOR PINEDA PINEDA