Respecting the Dead: Ethical and Legal Considerations in Dealing with Human Remains Through the Lens of Forensic Anthropology

Dealing with human remains has both ethical and scientific aspects, and is a matter taken very seriously in several fields, including anthropology, archaeology, law enforcement, and forensics. Established guidelines and principles must be taken into account when handling and evaluating human remains, whether the context is academic, jurisprudential, or curatorial. Following are some considerations to acknowledge: 1. Respect for the Deceased: As Schainker (2006) points out, respect for the deceased is foundational to any handling of human remains. This respect should not merely be extended to the recently deceased but also to older remains and even to archaeological discoveries. 2. Cultural Sensitivities: Advocated by scholars like Aufderheide (2003), recognizing and acknowledging the cultural sensitivities associated with the remains is a significant consideration. This particularly applies to indigenous societies, whose ancestors’ remains may have been used, in the past, for scientific study without appropriate consent. The Native American Graves Protection and Repatriation Act is a noteworthy legal framework in this regard. 3. Legal Framework: Depending on the jurisdiction, different laws govern the handling, transportation, and investigation of human remains. In the words of Cassman and Odegaard (2007), "Legal parameters provide backbone to the ethical considerations encompassing human remains." 4. Scientific Value: According to Ortner (2003), the research value of the remains is a significant consideration that needs to be balanced against respect for the dead. Any research or analysis must provide credible goods to the scientific community or the public. 5. Restoration and Conservation: Schotsmans et al. (2012) stressed the importance of appropriate conservation. Human remains are delicate and can degrade quickly. Ensuring preservation for future investigations, or for respectful reinterment, is crucial. 6. Informed Consent: Whenever possible, it is essential to acquire consent for the exhumation or scientific usage of human remains. Márquez-Grant and Fibiger (2011) illustrate through various case studies how agreements need to be negotiated and documented with the relevant interest groups. 7. Public Engagement: Colwell-Chanthaphonh et al. (2010) discuss the importance of taking the public sentiment into account. The disclosure of information, participation in decisions about removal, and awareness of the scientific benefits are all crucial considerations. To conclude, dealing with human remains is a delicate task encompassing ethical, legal, and scientific considerations. It is a field that requires respect, cultural awareness, adherence to legal procedures, preservation for scientific value, informed consent, and public involve. Notably, these considerations are continually evolving with society's values and understanding of death, making continuous reassessment necessary.