Repatriation of Human Remains: Bringing Ancestors Home under Private International Law

Objective

Due to historical injustices, many human remains were removed from their countries of origin and ended up in museums in the EU, UK and USA. Origin communities seeking repatriation face three legal barriers in cross-border claims. First, human remains are usually classified as ‘property’ and subject to property rules that favor current owners. Private international law (PIL) lacks tailored rules to address such claims effectively. Second, origin communities often lack legal standing to sue in foreign courts under foreign laws. Their legal status may be recognized domestically but not abroad. Third. repatriation claims can be time-barred entirely by the forum country’s short limitation periods. These barriers undermine origin communities’ right to an effective remedy and block their access to justice. Through comparative, cross-disciplinary analysis and case studies, the project will advance knowledge in three innovative ways through its three objectives. It aims to reclassify human remains as ‘quasi-persons’ by proposing a new dignity-based classification; to establish origin communities’ legal standing to sue abroad by proposing a comity-based approach that recognizes their home-law status; and to overcome time-bar barriers by shifting from property-based to human-rights-based approach, treating retention as a continuing human rights violation. RHR will facilitate the return of human remains to their home countries. By addressing a global challenge, the project contributes to UN Sustainable Development Goal 16 (Peace and Justice) and the EU’s constitutional objectives of protecting human rights, human dignity, and access to justice. The project bridges PIL, property law, and human rights law. My two supervisors are experts in PIL, private law, and comparative law. Their complementary knowledge, experience, and skills will ensure the success of the project. I will gain academic and transferable skills essential for becoming an independent researcher.