Collection and Use of Indigenous Human Remains: A Survey of Statutes and Case Law in the United States, Canada, Australia, and New Zealand

University of Arizona, James E. Rogers College of Law, Indigenous Peoples Law & Policy Program, Occasional Paper Series (2005)

212 Pages Posted: 17 Sep 2009

Date Written: November 25, 2005

Abstract

This is a survey of legislation and case law regarding the collection and use of indigenous human remains in the United States, Canada, Australia, and New Zealand. Where available, Indigenous Code and Customary law is included. This piece focuses on statutes and case law that relate to Indigenous Peoples’ interests when human remains are discovered, anticipated to be discovered, or excavated. It does not include issues regarding repatriation of those remains that are in the custody of non-indigenous people or entities like museums.

Keywords: indigenous peoples, NAGPRA, human remains, Canada, United States, New Zealand, Australia, Maori, aboriginal, Native American, tribe, tribal, Kennewick Man, American Indian

Suggested Citation

Sanders, Marren, Collection and Use of Indigenous Human Remains: A Survey of Statutes and Case Law in the United States, Canada, Australia, and New Zealand (November 25, 2005). University of Arizona, James E. Rogers College of Law, Indigenous Peoples Law & Policy Program, Occasional Paper Series (2005). Available at SSRN: https://ssrn.com/abstract=1473991

Marren Sanders (Contact Author)

Arizona Summit Law School ( email )

One North Central Ave.
14th Floor
Phoenix, AZ 85004-4414
United States

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