Questão jurídica principal
Whether the exhumation and transfer of the deceased’s remains violated the appellants’ and the deceased’s personal liberty.
Decisão extraída
The exhumation was lawful because it rested on a sufficient legal basis, served the deceased’s clearly expressed burial wish, and was proportionate.
Fundamentação extraída
The deceased’s post-mortem personality rights prevail over the relatives’ subsidiary decision-making power. The cantonal rules on public health and exhumation were sufficiently precise, and no less intrusive measure could achieve the burial wish.