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Question: Identity and explain legal frameworks that govern handling of human remains in Zimbabwe. Use scholars to spice your assignment!
The handling of human remains requires upmost respect and sensitivity across all cultures. In Zimbabwe, the legislative framework that governs the handling of these remains is an amalgamation of the Constitution, the Burial and Cremation Act, and the Public Health Act. 1. The Constitution: Zimbabwe's constitution does not explicitly cover the handling of human remains but it insinuates to it in the section that emphasizes on human rights. It is a person's constitutional right to be buried decently and this highlights the government's commitment to respecting the deceased. As argued by scholars like Magaisa (2014), even in the event of death, the right to dignity remains integral and should be upheld. 2. The Burial and Cremation Act: This piece of legislation is the functional framework for handling human remains. Under this law, a local authority is responsible for providing and maintaining cemeteries within its area of jurisdiction. Additionally, it lays down the legal qualifications for people who can be involved in the handling of human remains and enforces stringent penalties for individuals who disrupt the peace of the dead. 3. The Public Health Act: This Act highlights the hygiene and sanitary aspects related to handling of human remains. This forms part of public health measures designed to stop the spread of contagious diseases, especially when dealing with bodies that may be contagious. As argued by scholars like Chikodzi (2012), even in death, a person can influence public health; hence all remains must be handled with appropriate safety measures. The burial rights, cultural rites and practices associated with death are also considered legal frameworks in their own way due to their acceptance and enforcement in different cultural settings (Sibanda, 2013). It's crucial to note that the existing legal frameworks provide general guidelines, yet there's a need for the laws to be more context-specific considering Zimbabwe's cultural diversity. The enforcement of these legal frameworks also often proves challenging due to infrastructural and resource constraints (Tarimo, 2015). Overall, although the handling of human remains in Zimbabwe is inevitably a sensitive issue, it is adequately addressed by relevant legal frameworks. As society evolves, these frameworks need to constantly be revised and updated to reflect changing societal values and expectations.
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