1. Can the category 'culture' (or religion) be used?	​Yes, the category culture can be used. Although death is a biological process, it nevertheless has social and cultural implications. Mourning and burial, in fact, can be seen as cultural (or religious) interventions that are enacted following the death of a person and on the corpse itself, as well as social responses to the end of a life. The cult of the dead continues throughout life after the events of mourning and burial.
2. Description of the cultural (or religious) practice and group.	Mourning. The term mourning refers to all the psychic processes and social practices following the death of a person. Generally, the state of mourning can be interpreted as accompanying the transition of the deceased by enacting specific rituals, behaviours and practices. Burial. The term burial is understood here, in a broad sense, to mean all those interventions carried out on the body of the deceased to manage the process of decomposition. A related word, “sepulchre” (cognate with sepoltura in modern Italian, meaning burial) does not exactly coincide with the term inhumation or interment, but, as the etymon reveals, derives from the Indo-European root sap- render honour (bury, http://www.etimo.it/). Thus, in this Guidebook, we use the etymological meaning of the term and use it in extensive variations. What makes death tangible and therefore persuades the social group of the absence of one of its members is the physical alteration of the corpse. The belief systems concerning death in each society are reflected in the different ways in which corpses are treated. The task of the social group is to manage the process of putrefaction of the body of the deceased, which, apart from a few rare cases ('The initiation rites of some African Pygmies involved living in close contact with a corpse for six days', Fables 2003, p. 35), is generally handled in the following ways:   Avoidance of decomposition: cremation or funeral cannibalism; Acceleration of decomposition: ritual exposure or abandonment for the bodies to be eaten by animals; Dissimulation of decomposition: inhumation (in the ground with or without an container such as a shroud or coffin), burial (in a loculus, sarcophagus, urn, etc.) but also inhumation in caves or other natural places, such as among the roots of large trees, or immersion in water; Slowing down decomposition: temporary embalming, Thanatopraxis (mortuary aesthetics involving the treatment of the corpse's internal cavities with antiseptic liquids to delay the effects of putrefaction); Stopping decomposition: mummification, cryogenisation (i.e. a progressive hibernation and preservation of the corpse, particularly popular in the USA).   What the different ways of handling corpses have in common is the guarantee of specific care for a body that is still perceived as 'human', i.e. as part of the social group in question. The different forms of burial do not have a homogeneous geographical distribution. Within the same social group, more than one form of burial may also co-exist (in Australia, for example, almost all forms of burial in the world co-exist).  Within the same Italian context we find both burial in the ground (inhumation) or loculus (burial), cremation, and mummification treatments, reserved for certain particularly important bodies. Although there are similar types of burial recurring among different populations, the complex web of symbols and meanings that each culture associates with funeral rites means that it is not possible to provide a single explanation and interpretation. In fact, the meanings and motivations behind a similar burial choice may even be opposite in different societies or eras.   Ancestor worship The expression cult of the dead refers to those practices implemented, after the mourning process and the completion of the burial, throughout life to pay homage or keep alive the memory of the deceased. They may take place in the domestic sphere (e.g. altars dedicated to ancestors, tables with photographs, preservation of ashes) or in the public sphere (e.g. Dia de los muertos in Mexico involving vigils, dances and banquets in cemeteries; Gule Wamkulu, or ritual singing and dancing to renew traditions entrusted to ancestors in some areas of Malawi, Zambia and Mozambique).
​3. Embedding the individual practice in the broader cultural (or religious) system.	Mourning, burial, and the cult of the dead fit into the broader approach a group has towards death, emotion and religion, particularly beliefs about life after death. Death is certainly a crisis element in the relationship between individuals in society. However, the body of a deceased person is hardly ever perceived as a mere biological body, but rather retains 'human' characteristics. The deceased is the object of specific care, sometimes purifying, sometimes purely aesthetic. Such care is not limited to cleaning operations, but symbolically brings the body back into the world of the living, of society, as well as being an expression of affection. Preparations for funeral rites reactivate social networks and reconstitute the group to which they belong: what emerges as fundamental is therefore the importance of the complex networks of exchange that are created around the deceased, creating a real social life of and with the dead. The cult of the dead carried out throughout life at periodic intervals (e.g. annually) renews this bond. Mourning can be conditioned by the way a group perceives emotion: in groups where it is legitimate or even a duty to outwardly manifest the most violent emotions, mourning is accompanied by uninhibited shouting and crying, by the obligation to dress in a certain colour, and not to go to certain events even for a long period after the death of one's loved one; conversely, in groups where it is considered improper to abandon oneself to grief, mourning manifests itself silently and is not externalised through the obligation to wear a certain clothing or to abstain from certain behaviours (e.g. attending parties). One element of the cultural system that can affect bereavement and have legal implications is the exposure of the child to the stark reality of death. In certain groups, the climate of mourning and sadness may prevail for a long time and the exposure of minors to the sight of the corpse and to manifestations of strong grief are part of a conception of the child not as a subject to be protected from the pains of life, but as a full protagonist in adult society. The practices of mourning, burial and the cult of the dead can be better understood when embedded in the religious beliefs of the group. The morphology of burial changes, depending on whether death is perceived as the definitive end of existence or whether there is a belief in resurrection. For example, burial by inhumation, which is common among Christian groups, and which until recently was accompanied by a religious ban on cremation and dissection of bodies, is also rooted in the belief in the Last Judgment that at the end of the world will bring about the resurrection of bodies. The body must remain in the grave because it will be reconstituted identical at the end of the world. Conversely, the abandonment of the body in open-air cemeteries to be eaten by vultures, invariable for example in the Zoroastrianism of ancient Persia and in Tibet, corresponds to a conception of death as a moment of passage to other lives. There is no need to preserve the body as another body will be assigned in the cycle of reincarnations. In Tibet, moreover, there are conceptions of equality of the human being with everything else in the universe whereby the dead body must serve, in a compassionate act, to nourish other living beings. The cult of the dead can be very intense in cultural systems where there is a close bond with the ancestors, who are considered an integral part of the family, to be turned to when making decisions, to be honoured and kept present in the living room (e.g. Japan); the different beliefs on the fate of the soul after death can lead to private prayers or through sacred figures (e.g. priests, shamans) to help the soul of the deceased to come out of a certain status (e.g. masses for purging souls, rites to help the dead leave this world or rest in peace).
4. Is the practice essential (to the survival of the group), compulsory or optional?	Since it is not a single univocal practice, it depends on which practice is being considered. There may be compulsory practices, as for instance in cases of religious and/or cultural indications regarding the management of the body of the deceased, as well as optional practices, especially with regard to the management and manner of expressing grief. It must be considered, however, that adherence to a particular model of mourning and/or practice of managing the body after death is generally regarded as the most appropriate and best, on the basis of one's own belief system related to life and death.
​5.     Is the practice shared by the group, or is it contested?	The practice is shared by the group to which it belongs. It must be considered, however, that there is no one-size-fits-all model, so that even within one group we can actually find different approaches to mourning, burial and cult of the dead. There are also some practices of mourning, burial and cult of the dead that may be abandoned by the group to which they belong, such as the strong externalization of mourning with weeping and shouting, or the practice of washing the bones that was common until a few decades ago in the archipelago of Okinawa, Japan, which consisted in drying up the bodies in a large ceramic or cement container in the first phase of burial and then, in the following 3-7 years, exhuming the bones to wash them in sea water.
​6.     How would the average person belonging to that culture (or religion) behave?	An average person would adapt to the practice of mourning, burial and cult of the dead common to the group to which he or she belongs. However, especially with regard to mourning, it must be considered that the individual psychological component plays a fundamental role, which is why there can be no 'standard' and identical reaction for all individuals.
​7.     Is the subject sincere?	In this case, sincere adherence to the practice, as well as opposition to particular treatments after death, exclude the existence of a detrimental intent with respect to the body of the deceased and are indicative of a willingness to offer appropriate care to loved ones even after death. If the participation is sincere, one could also determine the absence of harm (e.g. on minors cohabiting with the deceased's relatives) with respect to certain ways of experiencing mourning, because they are typical of a given cultural context and therefore not only accepted, but even essential for the elaboration of grief and death. To this end it would be useful to ascertain:   the correspondence of the practice/opposition to particular treatments (e.g. to the autopsy examination)/particular ways of experiencing grief, or lack thereof, to the subject's reference belief system; the thematic or philosophical links, in the culture of origin, between these funeral practices/rejection of certain treatments on the bodies of the deceased/mourning and conceptions of immortality, eternal life, religious dogmas and the afterlife; the possible repercussions that the non-implementation of the practice (or implementation of the treatment opposed to it) has,for the culture of origin, concerning the fate of the soul of the deceased or, even, on that of the surviving relatives (it could, for instance, call into question access to eternal life, or bring about the damnation of the soul or interference between it and the lives of the surviving relatives); the compatibility of the practice with the health and hygiene regulations of the system and the possibilities of implementing any exceptions safely; and the presence of certain practices developed by some religious/cultural communities in order to adapt to the regulations and culture of the host country.
8.     The search for the cultural equivalent: the translation of the minority practice into a corresponding (Italian) majority practice. ​	Mourning among Italians has undergone significant changes. Dramatic forms of manifestation accompanied by heartrending cries have been replaced, especially in urban areas, by a rule of emotional restraint that brings Italy closer to Asian countries where there is almost no crying (e.g. Vietnam). While in the past it was common to expose children to the sight of corpses and to funeral rites, there is now a tendency to avoid this exposure, again with a prevalence of such behaviour in urban areas. As far as burial forms are concerned, Italy is close to those groups that practice inhumation and cremation. With respect to the cult of the dead, Italy provides for visits to cemeteries to bring flowers once a year as a collective rite, as well as individual visits during the year. In cemeteries, it is customary to bring flowers while other practices such as banquets or dances, which prevailed before the reform of cemeteries in the Napoleonic period, have disappeared. In addition to cemeteries, the cult of the dead is sometimes practised in homes with the display of photographs of the deceased (on dedicated tables or in the places most exposed to visits from guests such as the living room), sometimes accompanied by lighting candles or placing a vase of flowers next to them. At the level of religious practices widespread in the dominant Catholic religion in Italy, the cult of the dead may take the form of asking the priest to perform masses in suffrage of the deceased and for the liberation of his soul from the pains of purgatory.
9.      Does the practice cause harm? ​	Practices that are linked to the bereavement event can affect three categories of actors: the deceased themselves, their surviving relatives, and the community. Certain treatments of the body after death or certain burial methods could be interpreted in our legal system as actual criminal conduct against the deceased (think, for instance, of practices involving the burning of bodies on pyres or leaving the corpse in the wild, waiting for it to decompose and only thenafter recovering the remains), but if they are customs consistent with the culture of origin and have particular meanings, the harmful intent of acting maliciously on a corpse would be excluded. In other cases, the damage could concern the health of the next of kin and others involved in the rituals, as well as the community at large, for instance when there is a danger of spreading a certain pathogen through the wake over the body, in the absence of ascertaining the cause of death, or other health hazards due to the violation of hygiene and health regulations. Certainly, on the other hand, for some groups it is detrimental, for the deceased and the next of kin, not to be able to perform the ritual practices that are culturally typical of their own community/religion (so much so that many foreigners already plan to return their remains to their country of origin during their lifetime). The renunciation of particular rituals because they are incompatible with mortuary regulations, the impossibility of holding vigil before burial, or the performance of autopsy examinations or other examinations on the body of the deceased that are not accepted in one's own culture, could, in fact, render subjective and irreparable harm to the deceased by hindering or preventing the path to eternal life or to, for instance, reincarnation. At the same time, the relatives of the deceased may also be affected, either because of possible interference of the soul of the deceased with the future earthly life of the relatives or directly because of their suffering for not being able to provide adequate care according to their own culture. Potentially, the fear of not being able to perform one's rituals related to the cult of the dead could also lead some people of diverse culture to avoid hospitalisation or to omit reporting deaths, thus creating a danger to their own and the community's health. The practices of mourning, burial and cult of the dead could, in certain cases, be perceived as causing harm to the child, for example, when he or she is exposed to overly dramatic forms of expression of grief, or to obligations connected with mourning that prevent him or her from a life of relationships (e.g. prohibition to participate in festive occasions or social events for a year or more) or to cults of the dead that keep alive the memory of the dead. In general, the child socialised in a certain cultural group does not suffer from such arrangements, which are only perceived pathologically by the majority culture due to a lack of habit or cultural sensitivity.
​10.  What impact does the minority practice have on the culture, constitutional values, and rights of the (Italian) majority?	For the majority culture, certain practices related to mourning, burial or the cult of the dead typical of some minorities could be perceived as symptomatic of a lack of seriousness with regard to the subject of death, or as morbid, the result of irrational credulity, or manifesting a lack of trust in medicine and science. In other cases, they could be interpreted as outright insults to the corpse and as heinous and criminal conduct. The problem is not particularly appreciated, however, because in general there is a 'transitory' conception of the other, so the moment of his or her death is not often reflected upon, nor is there a widespread awareness of the extreme diversity of existing religious funeral rituals compared to those of the majority culture. Practices related to the cult, burial and ancestor worship have an impact on the value of the dignity of the body of the deceased and on the collective feeling of pity for the dead, both of which are linked to the perception of a moral duty on the part of the relatives to guarantee their loved one adequate care and homage even after death, in ways that are as respectful of his or her wishes as possible. Such practices not only facilitate the processing/acceptance of grief by those who are still alive but also, depending on beliefs, guarantee the deceased's access to 'eternal' peace. In the Italian legal system, the practices of mourning, burial and everything that generally concerns the cult of the dead and the treatment of the body after death are ascribable to the protection of the following constitutional rights: religious freedom (Article 19 of the Constitution); the principle of equality between religious denominations (Article 8 of the Constitution); the principle of positive secularism deriving from them, according to which the State must have an attitude of promotion with respect to forms of exercising forms of worship other than the majority one, as well as protection of the same, both in individual and collective manifestations. The practices in question are also likely to impact on the right to health (art. 32 of the Constitution), which is why there are regulations (such as, for example, the Mortuary Police Regulations, Presidential Decree no. 285 of 10 September 1990, or Law no. 130/2001 on cremation and the scattering of ashes) that regulate the exercise of funeral rituals and in general the treatment of the body of the deceased so that the health of relatives or the community is not endangered. A distinction is sometimes made between primary burial rights, which relate to the right of every person to be buried in a funerary structure, obtained in concession from the state for a given period of time and in some cases transmissible by deed inter vivos or mortis causa (this is a right that has been equated with the right to a surface area similar to that obtained for the construction of social housing), together with the other powers attached to it (use and enjoyment of the tomb for example) and secondary burial rights, making reference in the latter case to the very personal and intransmissible rights pertaining to the relatives of the deceased, such as those of access to the burial place, non-violation of the tomb and opposition to any transformation that would cause harm to the tomb, which may find protection, according to certain case law interpretations, in the fundamental rights of the individual (art. 2 Const.).
​11.   Does the practice perpetuate patriarchy?	In general, there are no differences in the manifestations of mourning and forms of burial whether a man or a woman dies. There are, however, some profiles in which one could speak of patriarchal influences in the consequences of mourning. Generally, mourning does not produce a prohibition of the subjects to remarry, but in some groups the pressure, especially on widows, not to remarry may be strong and not comparable to that existing on men who are encouraged to do so (e.g. rural Sardinia). Following the death of a spouse, moreover, obligations may arise to marry the spouse's brother (e.g. Jewish levirate), which, although not necessarily born with patriarchal logics of subjugation of women, but rather of preservation of the patrimony within the same family axis, have consequences on the rights of women and men involved in such marriage obligations.
12.  What good reasons does the minority present for continuing the practice? The criterion of an equally valid life choice.	The different behaviours practised by different populations are perceived as the most appropriate in order to manage a moment of crisis such as the death of a member of one's community, both with regard to mourning and to the subsequent management of the deceased's body. The various practices of burial and cult of the dead, moreover, can be fundamental in transmitting intergenerationally the values shared by the group they belong to, both in religious and cultural terms. Moreover, such practices are often strongly linked to the perception and meaning of being human and of life after death, which is why they are fundamental to the cultural context to which they belong. Often, in migratory contexts, the upbringing of sons/daughters according to the model proposed by one's own community is therefore perceived as fundamental in order to maintain a strong bond with one's own cultural experience.