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. (shrink)

Our society currently faces many complex and perplexing issues related to biotechnology, including the need to define the outer boundaries of genetic research on human beings and the need to protect individual and group rights to human tissue and the knowledge gained from the study of that tissue. Scientists have increasingly become interested in studying so-called “population isolates” to discover the nature and location of genes that are unique to particular groups. Indigenous peoples are often targeted by scientists because “the (...) relative isolation of the communities ensures minimal gene flow.” Such studies raise a number of issues related to privacy rights, property rights, informed consent, and group rights versus individual rights. These issues recently came to light in a case brought by the Havasupai Tribe and its members over the use of blood samples, handprints, and genealogy information initially taken by researchers at Arizona State University for a diabetes project. These materials were then allegedly used by researchers at ASU and other institutions for a multitude of unauthorized purposes, including research into the frequency of mental health disorders and the origin of human populations. Consequently, the affected members sued for damages under several legal theories. However, underlying all of these claims was the allegation that this unauthorized use of genetic resources and data not only injured the individuals who gave samples, but also caused a collective harm to the Havasupai Tribe and the cultural and spiritual beliefs of its members. (shrink)

War and Border Crossings brings together renowned scholars to address some of the most pressing problems in public policy, international affairs, and the intercultural issues of our day. Contributors from widely varying disciplines discuss cross-cultural ethical issues and international topics ranging from American international policy and the invasion and occupation of Iraq to domestic topics such as immigration, the war on drugs, cross-cultural bioethics and ethical issues involving American Indian tribes. The culture clashes discussed in these essays raise serious questions (...) about what principles ought to inform the negotiating of conflicts in order to achieve, or at least approach, outcomes that are fundamentally just, fair, responsible, and ethical. (shrink)

The article “Extending Research Protections to Tribal Communities” examines whether it is appropriate to extend the Belmont Report’s ethical principles beyond the individual...