Morena lawmaker seeks posthumous rights and ban on photographing or recording bodies

A Morena lawmaker in Mexico City has proposed recognising posthumous rights and prohibiting photographs or recordings of bodies found in public places or homes.

Rosario Morales presented the initiative during Tuesday’s ordinary session. Referred to committees, it would add Article 14 Bis to the Constitution of Mexico City to guarantee a dignified death and protect a person’s dignity after death.

The proposal says people should have the right not to have physical, printed, electronic or digital content distributed or displayed if it explicitly shows the cause of their death or the condition of their body. People with legal authority under applicable law could exercise that right, while city authorities would be responsible for respecting the body of the deceased.

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A person does not disappear, nor are they completely extinguished when they die. Their history, decisions, memories, recollections and the will they expressed during life remain.

Morales said the measure would protect a person’s will, dignity, decency and image after death. “A person does not disappear, nor are they completely extinguished when they die. Their history, decisions, memories, recollections and the will they expressed during life remain,” she said.

She acknowledged that traditional legal doctrines generally say rights begin with life and end with death, but argued that some decisions necessarily extend beyond that point. These include what happens to a person’s property and body, whether they wished to donate organs, how they wanted to be farewelled and how their dignity should be respected. “Because caring for those who are no longer here and respecting those who can no longer defend themselves also speaks to the kind of society we want to be,” Morales added.

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Because caring for those who are no longer here and respecting those who can no longer defend themselves also speaks to the kind of society we want to be.