A Human Rights Approach to Cultural Property: Repatriating the Yaqui Maaso Kova

Authors

• Kristen A. Carpenter, University of Colorado

Abstract

The article argues that current legal frameworks for repatriating cultural property, such as the 1970 UNESCO Convention, are insufficient because they are state-centric and fail to address the rights and interests of Indigenous Peoples. It advocates for a human rights approach, emphasizing the UN Declaration on the Rights of Indigenous Peoples, to remedy past injustices and ensure the repatriation of sacred objects like the Yaqui Maaso Kova. This approach prioritizes Indigenous Peoples' rights to religion, culture, and self-determination over state interests.

Disciplines

Comparative and Foreign Law | Entertainment, Arts, and Sports Law | Human Rights Law | International Law | Law | Law and Politics

Recommended Citation

Kristen A. Carpenter, A Human Rights Approach to Cultural Property: Repatriating the Yaqui Maaso Kova, 41 Cardozo Arts & Ent. L.J. 159 (2022).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol41/iss4/12