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Ancient Indigenous Human Remains and the Law

Author: Fiona Batt

Publisher: Routledge

Published: 2021-08-25

Total Pages: 187

ISBN-13: 1000427471

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Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Book Synopsis Ancient Indigenous Human Remains and the Law by : Fiona Batt

Download or read book Ancient Indigenous Human Remains and the Law written by Fiona Batt and published by Routledge. This book was released on 2021-08-25 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Human Remains

Author: Margaret Clegg

Publisher: Cambridge University Press

Published: 2020-03-12

Total Pages: 185

ISBN-13: 1107098386

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Highlights the importance of best practice in dealing with human remains, and discusses the key ethical and legal issues.

Book Synopsis Human Remains by : Margaret Clegg

Download or read book Human Remains written by Margaret Clegg and published by Cambridge University Press. This book was released on 2020-03-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights the importance of best practice in dealing with human remains, and discusses the key ethical and legal issues.

Repatriation and Erasing the Past

Author: Elizabeth Weiss

Publisher: University Press of Florida

Published: 2020-08-18

Total Pages: 279

ISBN-13: 1683401859

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Engaging a longstanding controversy important to archaeologists and indigenous communities, Repatriation and Erasing the Past takes a critical look at laws that mandate the return of human remains from museums and laboratories to ancestral burial grounds. Anthropologist Elizabeth Weiss and attorney James Springer offer scientific and legal perspectives on the way repatriation laws impact research. Weiss discusses how anthropologists draw conclusions about past peoples through their study of skeletons and mummies and argues that continued curation of human remains is important. Springer reviews American Indian law and how it helped to shape laws such as NAGPRA (the Native American Graves Protection and Repatriation Act). He provides detailed analyses of cases including the Kennewick Man and the Havasupai genetics lawsuits. Together, Weiss and Springer critique repatriation laws and support the view that anthropologists should prioritize scientific research over other perspectives.

Book Synopsis Repatriation and Erasing the Past by : Elizabeth Weiss

Download or read book Repatriation and Erasing the Past written by Elizabeth Weiss and published by University Press of Florida. This book was released on 2020-08-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging a longstanding controversy important to archaeologists and indigenous communities, Repatriation and Erasing the Past takes a critical look at laws that mandate the return of human remains from museums and laboratories to ancestral burial grounds. Anthropologist Elizabeth Weiss and attorney James Springer offer scientific and legal perspectives on the way repatriation laws impact research. Weiss discusses how anthropologists draw conclusions about past peoples through their study of skeletons and mummies and argues that continued curation of human remains is important. Springer reviews American Indian law and how it helped to shape laws such as NAGPRA (the Native American Graves Protection and Repatriation Act). He provides detailed analyses of cases including the Kennewick Man and the Havasupai genetics lawsuits. Together, Weiss and Springer critique repatriation laws and support the view that anthropologists should prioritize scientific research over other perspectives.

Reburying the Past

Author: Elizabeth Weiss

Publisher:

Published: 2008

Total Pages: 156

ISBN-13:

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In this book, the author puts forth what one can learn from the study of human remains, how human remains have been obtained, the ethical dilemmas surrounding working with human remains, and the legal and political complexities of repatriation and reburial. The author intends to introduce readers to a fascinating realm of science rarely covered in the media, as opposed to the more popular fields of anthropology (e.g. forensics, archaeology, paleoanthropology).

Book Synopsis Reburying the Past by : Elizabeth Weiss

Download or read book Reburying the Past written by Elizabeth Weiss and published by . This book was released on 2008 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author puts forth what one can learn from the study of human remains, how human remains have been obtained, the ethical dilemmas surrounding working with human remains, and the legal and political complexities of repatriation and reburial. The author intends to introduce readers to a fascinating realm of science rarely covered in the media, as opposed to the more popular fields of anthropology (e.g. forensics, archaeology, paleoanthropology).

Regarding the Dead

Author: Alexandra Fletcher (Museum curator)

Publisher: British Museum Research Public

Published: 2014

Total Pages: 0

ISBN-13: 9780861591978

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A key publication on the British Museum's approach to the ethical issues surrounding the inclusion of human remains in museum collections and possible solutions to the dilemmas relating to their curation, storage, access management and display.

Book Synopsis Regarding the Dead by : Alexandra Fletcher (Museum curator)

Download or read book Regarding the Dead written by Alexandra Fletcher (Museum curator) and published by British Museum Research Public. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key publication on the British Museum's approach to the ethical issues surrounding the inclusion of human remains in museum collections and possible solutions to the dilemmas relating to their curation, storage, access management and display.

Kennewick Man

Author: Heather Burke

Publisher: Routledge

Published: 2016-09-17

Total Pages: 397

ISBN-13: 1315425750

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Kennewick Man, known as the Ancient One to Native Americans, has been the lightning rod for conflict between archaeologists and indigenous peoples in the United States. A decade-long legal case pitted scientists against Native American communities and highlighted the shortcomings of the Native American Graves and Repatriation Act (NAGPRA), designed to protect Native remains. In this volume, we hear from the many sides of this issue—archaeologists, tribal leaders, and others—as well as views from the international community. The wider implications of the case and its resolution is explored. Comparisons are made to similar cases in other countries and how they have been handled. Appendixes provide the legal decisions, appeals, and chronology to allow full exploration of this landmark legal struggle. An ideal starting point for discussion of this case in anthropology, archaeology, Native American studies, and cultural property law courses. Sponsored by the World Archaeological Congress.

Book Synopsis Kennewick Man by : Heather Burke

Download or read book Kennewick Man written by Heather Burke and published by Routledge. This book was released on 2016-09-17 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kennewick Man, known as the Ancient One to Native Americans, has been the lightning rod for conflict between archaeologists and indigenous peoples in the United States. A decade-long legal case pitted scientists against Native American communities and highlighted the shortcomings of the Native American Graves and Repatriation Act (NAGPRA), designed to protect Native remains. In this volume, we hear from the many sides of this issue—archaeologists, tribal leaders, and others—as well as views from the international community. The wider implications of the case and its resolution is explored. Comparisons are made to similar cases in other countries and how they have been handled. Appendixes provide the legal decisions, appeals, and chronology to allow full exploration of this landmark legal struggle. An ideal starting point for discussion of this case in anthropology, archaeology, Native American studies, and cultural property law courses. Sponsored by the World Archaeological Congress.

Indigenous Peoples' Cultural Property Claims

Author: Karolina Kuprecht

Publisher: Springer Science & Business Media

Published: 2013-11-19

Total Pages: 246

ISBN-13: 3319016555

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This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.

Book Synopsis Indigenous Peoples' Cultural Property Claims by : Karolina Kuprecht

Download or read book Indigenous Peoples' Cultural Property Claims written by Karolina Kuprecht and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.

Disputing the Dead

Author: H. Marcus Price

Publisher:

Published: 1991

Total Pages: 200

ISBN-13:

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Each year the remains of hundreds of American Indians, Native Alaskans, and Native Hawaiians, along with artifacts such as potsherds and arrowheads, are discovered across the United States. As many as 600,000 aboriginal remains are currently held by museums, historical societies, universities, and private collections. To the scientific community they provide vital data for the study of human evolution. To many members of aboriginal communities, however, they are powerful spiritual and political symbols. The controversy over the disposition of aboriginal remains and grave gods lies at the heart of the ethnic conflict between aboriginal populations and European-American society.

Book Synopsis Disputing the Dead by : H. Marcus Price

Download or read book Disputing the Dead written by H. Marcus Price and published by . This book was released on 1991 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year the remains of hundreds of American Indians, Native Alaskans, and Native Hawaiians, along with artifacts such as potsherds and arrowheads, are discovered across the United States. As many as 600,000 aboriginal remains are currently held by museums, historical societies, universities, and private collections. To the scientific community they provide vital data for the study of human evolution. To many members of aboriginal communities, however, they are powerful spiritual and political symbols. The controversy over the disposition of aboriginal remains and grave gods lies at the heart of the ethnic conflict between aboriginal populations and European-American society.

The Routledge Companion to Indigenous Repatriation

Author: Cressida Fforde

Publisher: Routledge

Published: 2022-06-13

Total Pages: 1018

ISBN-13: 9781032336787

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This volume brings together Indigenous and non-Indigenous repatriation practitioners and researchers to provide the reader with an international overview of the removal and return of Ancestral Remains. The Ancestral Remains of Indigenous peoples are today housed in museums and other collecting institutions globally. They were taken from anywhere the deceased can be found, and their removal occurred within a context of deep power imbalance within a colonial project that had a lasting effect on Indigenous peoples worldwide. Through the efforts of First Nations campaigners, many have returned home. However, a large number are still retained. In many countries, the repatriation issue has driven a profound change in the relationship between Indigenous peoples and collecting institutions. It has enabled significant steps towards resetting this relationship from one constrained by colonisation to one that seeks a more just, dignified and truthful basis for interaction. The history of repatriation is one of Indigenous perseverance and success. The authors of this book contribute major new work and explore new facets of this global movement. They reflect on nearly 40 years of repatriation, its meaning and value, impact and effect. This book is an invaluable contribution to repatriation practice and research, providing a wealth of new knowledge to readers with interests in Indigenous histories, self-determination and the relationship between collecting institutions and Indigenous peoples.

Book Synopsis The Routledge Companion to Indigenous Repatriation by : Cressida Fforde

Download or read book The Routledge Companion to Indigenous Repatriation written by Cressida Fforde and published by Routledge. This book was released on 2022-06-13 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together Indigenous and non-Indigenous repatriation practitioners and researchers to provide the reader with an international overview of the removal and return of Ancestral Remains. The Ancestral Remains of Indigenous peoples are today housed in museums and other collecting institutions globally. They were taken from anywhere the deceased can be found, and their removal occurred within a context of deep power imbalance within a colonial project that had a lasting effect on Indigenous peoples worldwide. Through the efforts of First Nations campaigners, many have returned home. However, a large number are still retained. In many countries, the repatriation issue has driven a profound change in the relationship between Indigenous peoples and collecting institutions. It has enabled significant steps towards resetting this relationship from one constrained by colonisation to one that seeks a more just, dignified and truthful basis for interaction. The history of repatriation is one of Indigenous perseverance and success. The authors of this book contribute major new work and explore new facets of this global movement. They reflect on nearly 40 years of repatriation, its meaning and value, impact and effect. This book is an invaluable contribution to repatriation practice and research, providing a wealth of new knowledge to readers with interests in Indigenous histories, self-determination and the relationship between collecting institutions and Indigenous peoples.