Ethical Perspectives on Re-study of Human Remains Rights of the dead vs. scientific needs of the living. Claudia Surjadjaja SBS Meeting, EIMB, Jakarta 17 Jan 2011. “Indonesian” HR in Tropen Museum. collected between 1800 to early 1900 entire archipelago, then NOI
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Ethical Perspectives on Re-study of Human Remains
Rights of the dead vs. scientific needs of the living
SBS Meeting, EIMB, Jakarta 17 Jan 2011
“Indonesian” HR in Tropen Museum
1. “Japanese” soldiers found in Biak, Papua
2. Remains from community cemetery in Surabaya
3. Other remains from all over the archipelago
Medico-legal and ethical issues:
- “Permission” to re-study the remains: who owns the remains?
- Repatriation: is this morally just? what are the bases?
- Indonesia: play what role? who plays a role? What consideration to Indonesian ethics?
investigate dynamic cultural ethics in treating HR ethical grounds
1. Document prevailing attitudes and debates, especially in Indonesian context
2. Analyze current global ethics on scientific study and repatriation of human remains
3. Assess the extent to which policy exists (mostly on legality and ethics)
4. Assess the likelihood for Indonesian CoE
2. Science/Medical Perspectives
3. Human Values/Moral Perspectives
Utipossidetisjuris principle: as you possessed, you shall possess henceforth
newly formed sovereign states should have the same borders that they had before their independence
HR issue is thus a matter of foreign policy
Law on Regional Autonomy: foreign policy is the domain of Central Government
involving various technical ministries, DG of Consular Affairs at the Foreign Ministry as coordinator (Law on Foreign Relations)
Cultural and Legal Framework
Common ground a shared humanity
How remains relate to research framework:
Communities tend to be guided less than individuals by conscience and a sense of responsibility. How much misery does this fact cause mankind! It is the source of wars and every kind of oppression, which fill the earth with pain, sighs and bitterness – Albert Einstein, 1934
Requiescat in pace