ABSTRACT
The nexus between human rights and death investigations is often discussed in the context of human rights abuses perpetrated in war and conflict, where death investigation is framed in terms of its role in, and value to, any subsequent restorative mechanisms. Literature on death investigations in these circumstances has emerged from the forensic sciences, wrestling with the practical and ethical issues of dealing with the dead, and international law scholars, querying the normative work of these exceptional investigations. Comparatively little attention is placed upon the role of human rights in local death investigations, such as coronial inquests, with a handful of legal scholars canvassing rights in the context of coronial work (see, for example, Hunyor 2008, 2009, McIntosh 2012, Freckelton and McGregor 2014). Despite the growing jurisprudence in this area, there remains a general dearth of theoretical literature, and a paucity of sustained attention from a criminological viewpoint. Yet, the expanding role of human rights vis-à-vis coronial work, both in countries with and without an established human rights framework, invites comment. Litigation is clarifying the coronial role apace, while a number of jurisdictions such as the United Kingdom (UK), Australia and New Zealand, have implemented considerable legislative reform.
