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Ancient Indigenous Human Remains and the Law

Ancient Indigenous Human Remains and the Law

Author: Fiona Batt
Publisher: Routledge
ISBN: 9780367897147

Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781032047690

List Price: HKD 2,015.00

HKD 1,954.55 Save HKD 60.45 (3%)

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Description
Contents

Details

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.

Introduction

PART ONE

Chapter 1: The recharacterisation of ancient indigenous human remains and ancient indigenous DNA

PART TWO: Potential legal frameworks for the protection and repatriation of ancient indigenous human remains and ancient DNA: developing a litigation toolkit

Chapter 2: The status of Ancient indigenous human remains in cultural property and cultural heritage law

Chapter 3: Understanding cultural in the term cultural property and cultural heritage

Chapter 4: Ancient indigenous human remains and ancient indigenous DNA as collective heritage

Chapter 5: Ancient indigenous human remains and ancient indigenous DNA as Traditional Knowledge/Indigenous Knowledge

Chapter 6: Ancient Indigenous DNA as Intellectual Property

PART THREE

Chapter 7: A Human Rights Based Approach to the protection and repatriation of ancient indigenous human remains and ancient indigenous DNA

Chapter 8: Using strategic human rights litigation to protect and repatriate ancient indigenous human remains and ancient DNA