Policy on human remains - National Museums Liverpool

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04/11/2010
2/12/2016
National Museums Liverpool’s policy on human remains
1. Introduction
1.1 National Museums Liverpool has developed this policy for human remains
in its collections according to the recommendations of the Code of Practice
published by the Department for Culture, Media and Sport (DCMS) in October
2005. The DCMS Code of Practice was developed to provide guidance to
museums in relation to the Human Tissue Act 2004.
1.2 We acknowledge that where we hold human remains that are less than
100 years old, we will be bound by the Human Tissue Act 2004, and the
guidance issued by the Human Tissue Authority.
1.3 Where some aspects of the policy relate to compliance with law, others
must consider human remains in the context of different, often overlapping,
areas of concern, and changing cultural contexts. Many decisions regarding
human remains require consideration of a wide range of issues, on a case by
case basis.
2. Working principles
2.1 National Museums Liverpool recognises that human remains have unique
status in museum collections as they were once living persons or parts of
living persons. We will therefore care for them in a respectful way, while also
making the collections available for research, display and learning.
2.2 We are committed to working co-operatively with representatives of
source communities, other museum professionals and all interested groups, to
ensure that all culturally-sensitive items are cared for appropriately. It is
recognised that, as cultures differ, what is appropriate for one group of
remains may not be appropriate for another. Subject specialist curators will be
the first point of contact for any queries relating to these cultural
considerations.
2.3 We are guided by the ethical principles set out in the ‘Guidance for the
Care of Human Remains in Museums’ (DCMS 2005), ‘Code of Ethics of
Museums’ (Museums Association 2002) and ‘ICOM Code of Ethics for
Museums’ (2004). For these and other relevant documents please see the
References section below.
2.4 This policy will be reviewed and updated regularly. Date for next review:
November 2015.
3. Definition of human remains
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3.1 Human remains are the bodies, and parts of bodies, of once living people
from the species Homo sapiens. They include bones, teeth, skin and other
organs, body fluids and slide preparation of human tissue. The Human Tissue
Act does not include hair and nails as 'human remains', but these are included
in the National Museums Liverpool human remains inventory due to their
cultural significance in some societies.
3.2 Human remains also include 'artefactual' human remains. These are any
of the above which have been modified or incorporated into artefacts together
with other materials. Examples are cups made from human skulls or wooden
clubs inlaid with human teeth.
3.3 We recognise that items in museum collections other than human remains
may also be culturally sensitive. These include Aboriginal Australian secret
sacred items, photographs and other depictions of human remains or people
now deceased, and museum records relating to these.
4. Inventory of collections
4.1 National Museums Liverpool collections contain approximately 1,240
items identified as human remains. These include 20 complete Ancient
Egyptian mummies; skulls, bone fragments and other skeletal material; 864
slides of human tissue, and nearly 100 artefacts incorporating human remains
such as bone and teeth.
4.2 An inventory of human remains in our collections is available in pdf format.
The information published is in accordance with the guidelines set out in the
DCMS Code of Practice.
5. Acquisition
5.1 In accordance with National Museums Liverpool’s Acquisition and
Disposals Policy, we will continue to acquire human remains from time to
time, and to add them formally to the collections. However, we will only do so
if we are satisfied, as far as possible, that:
 we can hold the remains in a lawful manner
 provenance has been clearly established
 there is no suspicion of illicit trade
 the remains are of potential value to National Museums Liverpool and to
research
5.2 It is anticipated that we will acquire human remains mainly from
archaeological excavations conducted in the UK. These excavated remains
are subject to a Ministry of Justice licence or directions. The transfer of the
remains to National Museums Liverpool is conducted in accordance with legal
requirements and published professional standards of archaeological
investigation.
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5.3 Any acquisition of human remains less than 100 years old will be subject
to the legislation set out in the Human Tissue Act 2004, and we will be guided
by the Human Tissue Authority (see section 15 below).
6. Loans
6.1 Human remains may be loaned to other institutions for a variety of
reasons, such as display or research. National Museums Liverpool will ensure
that any institution seeking to borrow human remains satisfies the legal,
ethical and practical considerations set out in the DCMS Code of Practice and
Human Tissue Act (see section 15 below). We will also ensure that these
considerations are followed when we borrow human remains from other
institutions.
7. Storage, conservation and collections management
7.1 National Museums Liverpool aims to store and display human remains in
an environment which minimises their rate of deterioration. Storage is actively
managed and monitored and meets good standards of security, access
management and environmental control. Human remains will be identified as
priority items for immediate consideration in the event of an emergency which
threatens the collections. Please see the following for further details (available
on request).
‘National Museums Liverpool Collections Management Policy’
‘National Museums Liverpool Acquisition and Disposals Policy’
‘National Museums Liverpool Major and Minor Incident Plans’
‘National Museums Liverpool Conservation Emergency Sourcebook’
‘National Museums Liverpool Priority List Procedures’
‘National Museums Liverpool Environmental Policy’
‘Re:source 'Benchmarks in Collection Care'
7.2 Where remains can be identified specifically, or are requested for return,
and general consent has not been obtained for methods of treatment, consent
must be obtained in writing from relatives or descendants for all aspects of
their care.
7.3 The remains are stored in a respectful and culturally appropriate way
wherever possible. This may, for example, mean restricting access to certain
items, where unrestricted access may cause offence to genealogical or
cultural descendants. Where practical, remains are stored separately from
other accessioned items in dedicated storage areas. Artefactual human
remains are generally stored with other accessioned items, but in covered,
clearly-labelled boxes or similar containers.
7.4 Objects found associated with human remains, for example grave goods,
are usually stored separately from the remains with other accessioned objects
for practical reasons. However, the wishes of the genealogical descendants or
cultural communities, or relevant faith organisations, are taken into
consideration where known.
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7.5 Handling is to be avoided unless absolutely necessary. Clean examination
gloves must be worn when handling and a clean area prepared if the remains
are removed from their storage units.
7.6 Any conservation treatment deemed necessary will aim to maintain the
integrity of the remains. No original component will be permanently removed
and every effort will be made to ensure that any material added to improve
stability will be reversible in the long term and will not alter inherent
characteristics such as DNA.
7.7 We recognise that sometimes differences of opinion may arise between
interest groups as to what constitutes 'appropriate care'. Under such
circumstances, only the least intrusive forms of care and conservation
treatment should be considered.
8. Access
8.1 National Museums Liverpool currently provides access to its collections of
human remains through academic research and public display. Human
remains may also be used in front of house learning activities.
8.2 Access to human remains in store is allowed only to authorised staff and
to visitors under agreed supervisory arrangements. All access to stored
human remains should be logged.
8.3 We will not allow public access to any human remains while the outcome
of a claim for their return to a source community is pending.
8.4 Neither will we allow access for research, education or training to items of
human remains less than 100 years old under the regulations of the Human
Tissue Authority, as these would be scheduled purposes requiring a licence.
See section 15 below for more information on Human Tissue Authority
Licensing.
9. Research
9.1 National Museums Liverpool maintains a register of research projects
undertaken by our staff and this document is available to the public on
request.
9.2 Most research on human remains to date has involved the Ancient
Egyptian mummies and human remains. Eighteen mummies were
radiographically examined and the research published in 1968. Since this time
there has been a steady flow of enquiries. Recent research has included nondestructive analytical techniques such as the CT-scanning of the mummy of
Pedeamun by the Royal Liverpool University Hospital. Pedeamun's
mummified remains, with interactive displays based on this research, are
currently in the National Conservation Centre's exhibition 'Reveal' and also
feature on our website. The Antiquities section is currently developing
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research links with the Centre for Biomedical Egyptology at the University of
Manchester.
9.3 Other examples of research include comparative osteology, using skeletal
remains in the Zoology department, and metric analysis of skeletal remains
relating to requests for return of Ethnology items.
9.4 Where research on human remains (by our staff or outside researchers) is
approved, all researchers should be reminded of the ethical and legal
obligations with regard to human remains and provided with written guidelines
('Treating human remains with respect' and associated documents). Any
analysis that requires sampling will only be undertaken according to our
sampling procedures (Application for the sampling and analysis of Human
Remains - Destructive/Non-Destructive analysis). It should be noted that
some forms of technical examination may not be appropriate for cultural
reasons, for example photography, X-rays and destructive sampling.
10. Display
10.1 Visitor surveys show that the vast majority of museum visitors are
comfortable with, and often expect to see, human remains as an element of
museum displays. They may be integral to some collections and to what we
know of a society, for example, ancient Egypt. In this context, National
Museums Liverpool gives careful thought to the reasons for, and
circumstances of, the display of human remains.
10.2 However, remains also have the potential to be upsetting, for visitors and
for staff, and so any proposals to display human remains should be
considered very carefully. These are the remains of someone’s ancestors,
which means that the views and feelings of any descendants should be taken
into account, as well as what we think the deceased person might have
wanted.
10.3 Some remains are more upsetting than others. Generally speaking,
remains which are more recognisably human are more affecting than those
which aren’t. Artefactual human remains which incorporate small fragments of
human bone, for example, are unlikely to have the same impact as a skull or
an Ancient Egyptian mummy.
10.4 For a variety of reasons it would not normally be considered appropriate
for remains to be put on open display unsupervised. However, they may
sometimes be used in handling activities by Education and Communities staff
(see section 12 below).
10.5 The following checklist may help to clarify some of the issues relating to
the display of human remains, and to improve that display.
 Why are the remains being proposed for display?
 Are they absolutely necessary for the display or could their contribution
be made in another way?
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Have all of the relevant interest groups been consulted, as far as is
possible? (These may include descendants of the deceased,
representatives of source communities, archaeologists, scientists,
Honouring the Ancient Dead representing modern Pagans, other
museum professionals and National Museums Liverpool focus groups.)
What is considered respectful to the dead in the originating culture and
in the proposed public display? Are there any potential conflicts? (Note
that concepts of respect for the dead may differ widely from one culture
to another; from the one being displayed to that of the visitor.)
Is it acceptable for the remains to be photographed? (see 11.7 below)
Is the person represented respectfully as an individual, with her or his
own name and story (if known) and possessions?
Where is the display located physically? Where is it relative to other
displays? How is it approached? What height will the remains be
displayed at? (All of these can convey respect, or lack of it.)
Are visitors likely to come across the remains unawares? Do they have
adequate warning about what they might see, and the opportunity to
choose to see the remains or not? Should the remains be screened off
or covered? Is the lighting appropriate?
Is it likely that visitors might want to sit quietly near to the remains? (If
so, adequate space and seating should be considered.)
Is there appropriate signage or labelling to indicate the presence of
human remains without encouraging sensationalist interest?
Is there enough contextual information? (If from a known burial, the
display should reconstruct this physical context as far as possible, and/
or include associated items such as grave goods. Cultural contexts
may include the situation at the time of the person’s death, their
relationship with the local environment and landscape, the historical
background and significance up to the present day.)
Is there enough explanatory material available? Is all of this material
accurate, accessible and respectful?
Are any of the items less than 100 years old? (See section 15 below)
11. Photography and other depictions
11.1 Images may include:
 originals or copies of photographic prints
 film footage and videotape
 still and moving digital images on storage devices including internet
servers
 drawings and paintings
11.2 National Museums Liverpool’s Photographic Service provides general
information on new and existing photographic work within the museum, and
restrictions on the use of copyrighted images. Please refer to the
Photographic department for further information.
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11.3 Requests for the purchase of images of human remains received by the
Photography Department should be discussed with the relevant collection’s
curator before being processed, and images should be assessed on a case by
case basis.
11.4 The Human Tissue Act does not include the production and reproduction
of images of human remains within its remit, and the advice provided by the
Department for Culture, Media and Sport is minimal.
11.5 The General Medical Council provides ethical guidance for doctors when
making decisions about images of specimen samples, or living or deceased
patients. These guidelines suggest that images of remains which are not
identifiable to specific people (such as pathology slides) are less sensitive
than images of recognisable individuals, although ideally all images used in
the public domain should be used with the consent of the subject/donor or
next of kin. This approach could usefully inform issues relating to photography
in museums.
11.6 When making, using or displaying images of recognisable human
remains, similar criteria to those in section 10 (Display) should be considered.
Wherever possible, the views of relatives or descendants and source
communities should be taken into account. These considerations may also
apply to images of people taken when they were living but who have died
since the images were put on display, for example with some Native American
groups.
11.7 It should be assumed that any human remains placed on public display
will be photographed at some point, and that photographs placed in the public
domain may be copied in some form. Staff should be mindful of this when
generating new displays and creating and using images of human remains. It
may be appropriate, for example, to place a label next to remains on display
to remind visitors to use sensitivity when photographing or filming.
11.8 Artists are able to create drawings for their own research or noncommercial use based on specimens from the collections, as long as
considerations such as the above are taken into account.
12.1 Learning
12.1 The Education and Communities division uses both replicas and remains
such as skeletal material in talks and school sessions at National Museums
Liverpool. Museum collections provide the opportunity for high quality
educational experiences and it is acknowledged that real human remains can
have a far greater educational impact than replicas. In some cases replicas
may be of little educational value, for example when discussing forensic
medicine, due to their absence of staining, aberrations and suture lines.
12.2 If a decision is made to use real human remains, the following points
need consideration, in addition to the questions raised regarding general
display.
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Which remains are acceptable and appropriate for the required use?
Have visitors, teachers and students been warned about what they will see
in advance of the activity? (And, where appropriate, have letters been sent
to parents or guardians in advance of the session?) Have they been
briefed on what is meant by dignified and respectful treatment of human
remains?
How will the remains be moved and stored while temporarily away from
the collections?
Have the appropriate documents been signed, so that the remains may be
tracked and their use monitored until they are back in the collections?
13. Claims for return of human remains
13.1 The Trustees of National Museums Liverpool will consider requests for
return of human remains on a case by case basis. This will involve
consideration of a number of factors including:
 The legal status of the remains
 How the remains were originally acquired
 The cultural and religious values of the interested individuals or
communities and the strength of their relationship to the remains
 The cultural, spiritual and religious significance of the remains
 The scientific, educational and historic importance of the remains
 How the remains have been used and treated in the past and what would
happen if they were returned
Please see Requests for the return of human remains from National Museum
Liverpool's Collections for further information.
13.2 The Trustees will normally only consider a claim for repatriation from a
community when it is made through the relevant national government or
national agency.
13.3 For any request to be considered, the claimant would have to establish a
sound evidential base for their claim. The Secretary to the Board of Trustees
can supply further information and guidance on request.
14. De-accessioning
14.1 Claims for the return of human remains to source communities are
considered above. If other circumstances arise in which National Museums
Liverpool wishes to de-accession human remains, we will be pro-active in
establishing whether any genealogical or cultural descendants exist who
might wish to make a claim for return or reburial. We will also consult the
Church of England and English Heritage ‘Guidance for Best Practice for
treatment of Human Remains Excavated from Christian Burial Grounds in
England’ (2005).
15. Human Tissue Authority Licensing
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15.1 Under the Human Tissue Act (2004), museums in England, Wales and
Northern Ireland must comply with the new legal framework for the storage
and use of tissues from living and dead persons. The Act is based on the
principle of consent, brought to public attention by the unauthorised keeping
of tissue at Alder Hey and other major hospitals.
15.2 The Act requires museums to acquire a licence to hold remains less than
100 years old for the 'scheduled purpose' of public display. There are other
licensable activities but this is the one intended primarily for museums.
15.3 National Museums Liverpool held a licence to comply with the Act from
the date the new regulations came into force (1 September 2006) until 15 April
2010. On the latter date, the licence was revoked under new rulings from the
Human Tissue Authority (HTA). In accordance with the HTA publication
‘Summary of compliance 2008-09 Public display’ paragraphs 21 and 22, we
confirmed in writing that we do not have any items less than 100 years old on
display and no intention to ever put any on display. We also confirmed that the
items listed in the HTA compliance report licence application (918 slides of
human tissue, 66 Ethnology items and 90 lots of predominantly undated
human skeletal material) are held as an archive. They are not being used for
research in connection with disorders or functioning of the human body, or for
education and training relating to human health.
15.4 Temporary displays which include remains less than 100 years old
loaned from another institution would require a new, temporary, licence for our
premises.
15.5 All human remains less than 100 years old in store should have their
containers clearly marked ‘not for display before ---- under the Human Tissue
Act 2004’, be flagged up on the collections database in a similar way, and
have the relevant information put into their Historical Files.
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National Museums Liverpool Staff contacts
General human remains enquiries and policy document updates - Joanna
Ostapkowicz
Licensing of human remains less than 100 years old under the Human Tissue
Act - Steve Judd
Claims for return of human remains – Claire Harvey, Secretary to the Board of
Trustees
References and links
Church of England and English Heritage (2005) ‘Guidance for best practice for
treatment of human remains excavated from Christian burial grounds in
England’
http://www.english-heritage.org.uk/publications/human-remains-excavatedfrom-christian-burial-grounds-in-england/
Cultural Property Advice ‘Human Remains’
http://www.culturalpropertyadvice.gov.uk/public_collections/human_remains
Department for Culture, Media and Sport (2005) 'Guidance for the Care of
Human Remains in Museums'
http://www.culture.gov.uk/what_we_do/cultural_property/3289.aspx
General Medical Council (2002) ‘Making and using visual and audio
recordings of patients – guidance for doctors’
http://www.gmc-uk.org/guidance/ethical_guidance/making_audiovisual.asp
Honouring the Ancient Dead
www.honour.org.uk
Human Tissue Authority (2004) ‘Human Tissue Act’
http://www.hta.gov.uk/legislationpoliciesandcodesofpractice/legislation/humant
issueact.cfm
Human Tissue Authority (2009) 'Guidance - Public Display'
www.hta.gov.uk/legislationandcodesofpractice/codesofpractice.cfm
ICOM (2006) ‘Code of Ethics for Museums’
http.//icom.museum/ethics.html
Museums Association (2008) 'Code of Ethics for Museums'
http://www.museumsassociation.org/publications/code-of-ethics
Museum Ethnographers Group (1994) 'Professional guidelines concerning the
Storage, Display, Interpretation and Return of Human Remains in
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Ethnographical Collections in United Kingdom Museums', Journal of Museum
Ethnography 6: 22-24 and online (as 'MEG Guidelines on Management of
Human Remains) at:
www.museumethnographersgroup.org.uk
Museum Ethnographers Group (2003) 'Guidance Notes on Ethical
Approaches in Museum Ethnography', Journal of Museum Ethnography 15:
157-169 and online at:
www.museumethnographersgroup.org.uk
Other museums’ policies
British Museum (2006) 'The British Museum Policy on Human Remains'
www.thebritishmuseum.ac.uk
The Manchester Museum (undated document to be reviewed 2010) ‘Policy
document for the strategic development of The Manchester Museum: Policy
on Human Remains’
www.museum.manchester.ac.uk
Natural History Museum (2006) - policy on human remains available on
request from John Jackson at
http://www.nhm.ac.uk/research-curation/ policy-strategy/
National Museum Wales (2006) ‘Collection Management Policies – Policy on
Human Remains’
www.museumwales.ac.uk
Pitt Rivers Museum (2006) 'Human Remains in the Pitt Rivers Museum’
http://www.prm.ox.ac.uk/human.html
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