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.
Authors
- Nikolaos Gaitenidis
Institutions
- Aristotle University of Thessaloniki (GR)
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