Ruqayyah Snyder
The trade of human remains is a largely legal industry, with Australia acting as both a source and destination country. In the U.S., there is no federal law prohibiting the trade and ownership of human remains, except for those of Native Americans. However, some states have specific laws regarding the trade of human remains, such as Louisiana, Georgia, and Tennessee. In the UK, it is legal to own human remains if they are ex-medical, from before the 1980s ban, or over 100 years old, which classifies them as archaeological remains. It is important to note that the laws surrounding the trade of human remains vary by country and region, and it is illegal to possess human remains that have been obtained illegally, such as through grave robbing or murder.
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What You'll Learn
Legality of owning human skulls in Australia
The legality of owning human skulls varies across different countries and regions. In the context of Australia, the trade and possession of human remains, including skulls, are subject to certain regulations and ethical considerations. Here is an overview of the key points regarding the legality of owning human skulls in Australia:
Online Trade of Human Remains in Australia
Australia has been identified as both a source and destination country for the illicit trade in human remains, including online sales. This trade often occurs through Facebook groups, where buyers and sellers advertise their wares, reaching both domestic and foreign clients. One tactic employed by sellers is to offer a photograph for sale and then "gift" the physical human remains to circumvent legislation and avoid detection. This tactic blurs the legal boundaries and highlights the complex nature of the trade in human remains.
Legal Considerations in Australia
In Australia, the specific laws and regulations regarding the ownership of human skulls may vary between states and territories. While there may not be explicit laws prohibiting the possession of human skulls in certain states, it is essential to understand the broader legal framework and ethical considerations. Here are some general legal considerations regarding the ownership of human remains in Australia:
- Illegally Obtained Remains: It is illegal to possess human remains, including skulls, that have been obtained through illegal means, such as grave robbing, murder, or war trophies. If you discover human remains, it is advisable to leave them undisturbed or notify the authorities.
- Ethical and Cultural Sensitivities: The trade and ownership of human remains can raise ethical and cultural concerns, especially when it involves the remains of Indigenous peoples or culturally sensitive artefacts. Repatriation of human remains to their communities of origin is an ongoing process in Australia and other countries.
- Import and Export Restrictions: While the specific laws may vary, there may be restrictions on importing or exporting human remains across state or international borders. It is important to research the regulations in your specific state or territory.
- Human Tissue Laws: In Australia, laws such as the Human Tissue Act may also apply to the trade and ownership of human remains, including skulls. These laws often prohibit the commercial dealing of human tissue or body parts.
International Context
The legality of owning human skulls also varies internationally. For example, in the United States, there is no federal law prohibiting the trade and ownership of human remains (except for Native American remains). However, individual states like Louisiana, Georgia, and Tennessee have restrictive laws regarding human remains. Similarly, in the UK, it is generally legal to own human skulls that are either ex-medical (pre-1980s ban) or over 100 years old (archaeological remains).
In summary, while there may not be explicit laws in every jurisdiction prohibiting the ownership of human skulls, it is a complex and sensitive issue. It is essential to consider the broader legal, ethical, and cultural implications and ensure that any human remains are obtained legally and responsibly.
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Human remains trade in Australia
The human remains trade in Australia is a complex and often illicit market, with Australian collectors and dealers circulating items internally and participating in international trade. While the laws surrounding the ownership and trade of human remains vary across different countries and regions, Australia has been identified as both a source and destination country for the illicit trade of human remains.
In Australia, the trade of human remains is often facilitated through online platforms, including social media and e-commerce websites. A unique sales tactic has been observed in the Australian context, where photographs of human remains are offered for sale, with the bones themselves included as a "gift". This tactic is employed to circumvent cultural property and human remains legislation, as well as avoid detection by platform algorithms. This practice has been identified in several Facebook groups, where buyers and sellers advertise their wares to both domestic and foreign clients.
The legality of owning and trading human remains varies internationally. For example, in the United States, there is no federal law prohibiting the trade and ownership of human remains, except for those of Native Americans. However, individual states have their own laws regarding human remains, with Louisiana prohibiting the ownership of human remains and Georgia allowing ownership but restricting the import and export of such items.
In Australia, the laws regarding human remains are less clear. While there are laws in place to prevent the selling of viable human tissue, the trade of human remains falls into a legal grey area. The major online platforms often include language in their terms of service that prohibits trading in human remains, but buyers and sellers find innovative ways to avoid detection. The Australian government's mission statement regarding trade focuses on "legitimate travel and trade," indicating that the trade of human remains may not be considered legitimate.
The ethical considerations surrounding the human remains trade are also important to acknowledge. The recent article by Halling and Seidemann analysed skulls from eBay and found that many were of forensic or archaeological interest, indicating that they may have been obtained illegally through grave-robbing or theft. Additionally, the inclusion of human remains as "gifts" in sales transactions further complicates the ethical and legal landscape of this trade.
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Legality of selling human skulls online
The legality of selling human skulls online varies across different jurisdictions. In the United States, there is no federal law prohibiting the trade and ownership of human remains, except for those belonging to Native Americans. However, individual states have their own laws regarding the trade and ownership of human remains, with Louisiana, Georgia, and Tennessee having restrictive laws in place. In Louisiana, owning human remains, including bones, is prohibited, while Georgia and Tennessee allow the ownership of human remains but restrict the import, export, sale, or purchase of such remains across state lines.
Online platforms have also implemented their own policies regarding the sale of human remains. For example, eBay banned the trade of human remains in 2021, except for head hair, which is commonly used for wigs and Victorian-era art. Similarly, Facebook and Instagram do not have any restrictions on selling human remains, but users can report such sales to the companies.
In Australia, the trade of human remains is considered illegal, and Australian dealers and collectors are involved in both domestic and international markets. A common tactic used by sellers in Australia is to offer a photograph for sale and gift the bones to circumvent legislation and avoid detection.
It is important to note that the legality of selling human skulls online is a complex and evolving issue, with varying regulations across different countries and states. Individuals engaged in the trade of human remains must be aware of the specific laws and regulations in their respective jurisdictions to ensure compliance and ethical considerations.
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Legality of owning human skulls in the US
In the US, there is no federal law prohibiting the trade and ownership of human remains, except for those belonging to Native Americans. However, individual states have their own laws regarding the trade and ownership of human remains, which can make the legality of owning a human skull complex and confusing.
It is important to note that skulls or bones obtained illegally are illegal to possess in all states. This includes grave-robbing, murder, and most war trophies. If you find human remains, it is recommended to leave them where they are or rebury them, and notify the authorities, especially if they are believed to be Native American.
As of 2023, 49 out of 50 US states allow the ownership of human bones as long as they were obtained legally. Three states have more restrictive laws: Louisiana, Georgia, and Tennessee. Louisiana is the only state that completely forbids owning human remains, including bones, with some exceptions, like teeth and fingernails. Georgia and Tennessee allow residents to own human remains but prohibit the import, export, sale, or purchase of any parts across state lines.
While the trade of human skulls and remains is largely legal in the US, the source and acquisition of these remains are crucial factors in determining their legality. It is advisable to purchase human skulls or bones that are ex-medical pieces or show signs of being older, as newer remains may have been obtained illegally.
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Legality of owning human skulls in the UK
In the UK, it is legal to own a human skull as long as it is either ex-medical, from before the 1980s ban, or over 100 years old, which classifies it as archaeological remains. However, it is important to note that bodies donated to science for medical teaching and research are not included in this category. These bodies are either returned to their families for burial or cremated. The legal skulls for purchase are vintage or antique human bones, acquired by the medical industry from various sources, including countries where people couldn't afford burial or had no relatives to claim the bodies.
While it is legal to own certain human skulls in the UK, it is essential to be aware of the potential ethical concerns surrounding the trade. Some human skulls for sale may be the result of grave robbing or other illicit activities. Additionally, there have been concerns about the sourcing of medical skeletons, with some suggesting dodgy practices in the past.
When it comes to disposing of human remains in the UK, there are no specific laws mentioned. However, it is recommended to dispose of the remains respectfully. This could include burial, cremation, or donating the skull to a medical or dental school for educational purposes.
It's worth noting that the laws and ethical considerations surrounding human remains are complex and can vary across different countries and states. For example, in the United States, the trade and ownership of human remains are legal in most states, but there are exceptions, such as the Native American Remains Protection Act, which prohibits the ownership and trade of Native American remains.
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Frequently asked questions
It is currently unclear whether it is illegal to own a human skull in Australia. However, there is evidence of a human remains trade in the country, with Australian collectors and dealers circulating items internally and internationally.
In the US, there is no federal law prohibiting the trade and ownership of human remains, except for those belonging to Native Americans. However, individual states have their own laws regarding the trade and ownership of human remains, with Louisiana, Georgia, and Tennessee having restrictive laws.
Grave robbing, murder, and war trophies are some ways in which human skulls can be obtained illegally. It is also illegal to possess human remains that were found near cemeteries or burial sites.
In some countries, it is legal to own human skulls that are ex-medical, archaeological, or antique, as long as they were obtained legally and are not intended for transplant.
It is important to consider the privacy and dignity of the individuals or communities associated with the human remains. Repatriation of human remains to their original communities is also an important aspect of ethical ownership.
