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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.

Fields of science (EuroSciVoc)

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Keywords

Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)

Programme(s)

Multi-annual funding programmes that define the EU’s priorities for research and innovation.

Topic(s)

Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.

Funding Scheme

Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.

HORIZON-TMA-MSCA-PF-EF - HORIZON TMA MSCA Postdoctoral Fellowships - European Fellowships

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Call for proposal

Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.

(opens in new window) HORIZON-MSCA-2025-PF

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Coordinator

THE UNIVERSITY OF EDINBURGH
Net EU contribution

Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.

€ 260 347,92
Address
OLD COLLEGE, SOUTH BRIDGE
EH8 9YL Edinburgh
United Kingdom

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Region
Scotland Eastern Scotland Edinburgh
Activity type
Higher or Secondary Education Establishments
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Total cost

The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.

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