This article examines the intercultural context of issues related to genetic research on Native peoples. In particular, the article probes the disconnect between Western and indigenous concepts of property, ownership, and privacy, and examines the harms to Native peoples that may arise from unauthorized uses of blood and tissue samples or the information derived from such samples. The article concludes that existing legal and ethical frameworks are inadequate to address Native peoples' rights to their genetic resources and suggests an intercultural framework for accommodation based on theories of intergroup equality and fundamental human rights.
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Document Type: Research Article
Willard H. Pedrick Distinguished Research Scholar and the Executive Director of the Indian Legal Program at the Sandra Day O'Connor College of Law at Arizona State University.
Publication date: 01 September 2007