Human skeletons are worth protecting

Abstract

Introduction: in the face of development of the sciences, there is also a growing interested in existing osteological collections and the desire to build new ones, provided that national legislation permits. Proportionally, discussions on bioethics increase, urging nations to revisit their legal systems with a view to updating the topic regarding the protection of human skeletons. Objective: to raise a reflection about the legal status of skeletons, their tutelage in the areas of the State, in the scientific and academic environment. We also look for legal bases that support the rights to dignity and nationality for the skeletonized human remains. Methodology: the method adopted is the bibliographic research with a qualitative approach. The technique used was the descriptive textual analysis of the rights attributed to the remains. Results: the current legislation does not prevent the majority doctrine from considering, within the scope of the law, human bones as a thing. This condition weakens protection, encourages unrestrained traffic and the illegal trade in human bones. Conclusion: it is essential to include an expanded protection nucleus for human spoils in the regulatory documents of the matter, whose content aims to guarantee the inherent dignity. The regulation of the rights claimed here will inhibit issues involving human bones that are currently resolved by an exegetical effort derived from personality rights, the rules of Funerary Law or by local health rules, whose legal protection is restricted to the image, memory and the honor of the dead individual.