Indigenous Peoples, Cultural Heritage, and Traditional Knowledge

Abstract This paper examines the complex interplay between Indigenous cultural heritage, traditional knowledge, human rights, and intellectual property within international law. It highlights the legal and ethical challenges Indigenous communities face, including exploitation, misappropriation, and historical injustices, particularly in the contexts of commercialization, tourism, and development projects. Through an analysis of international legal frameworks, case law, and policy gaps, the study underscores the fragmentation of existing protections and the lack of Indigenous agency in legal decision-making. It argues for comprehensive legal reforms that integrate human rights principles with intellectual property protections, ensuring collective ownership, equitable benefit-sharing, and the incorporation of customary law. By advocating for a holistic, community-driven approach, this paper emphasizes the importance of self-determination, cultural continuity, and the ethical stewardship of Indigenous heritage for future generations.

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Institutions

Publication Details

Journal
International Journal on Minority and Group Rights
Published
2025-04-29
DOI
https://doi.org/10.1163/15718115-bja10226
Citations
1
Primary Topic
Cultural Heritage Management and Preservation
Type
article
Field-Weighted Citation Impact
8.27
Controls
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article

Indigenous Peoples, Cultural Heritage, and Traditional Knowledge

Nikolaos Gaitenidis
1 citations
International Journal on Minority and Group Rights
Cultural Heritage Management and Preservation
8.27
article

Indigenous Peoples, Cultural Heritage, and Traditional Knowledge

Nikolaos Gaitenidis
article en
1 citations

Abstract

Abstract This paper examines the complex interplay between Indigenous cultural heritage, traditional knowledge, human rights, and intellectual property within international law. It highlights the legal and ethical challenges Indigenous communities face, including exploitation, misappropriation, and historical injustices, particularly in the contexts of commercialization, tourism, and development projects. Through an analysis of international legal frameworks, case law, and policy gaps, the study underscores the fragmentation of existing protections and the lack of Indigenous agency in legal decision-making. It argues for comprehensive legal reforms that integrate human rights principles with intellectual property protections, ensuring collective ownership, equitable benefit-sharing, and the incorporation of customary law. By advocating for a holistic, community-driven approach, this paper emphasizes the importance of self-determination, cultural continuity, and the ethical stewardship of Indigenous heritage for future generations.

International Journal on Minority and Group Rights
Aristotle University of Thessaloniki (GR)
Openalex Percentile: Top 5%
Cultural Heritage Management and Preservation
8.27
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Indigenous Peoples, Cultural Heritage, and Traditional Knowledge — Nikolaos Gaitenidis · International Journal on Minority and Group Rights (2025) | TGRS Research Map | TGRS