National Museums Liverpool S Policy on Human Remains

04/11/2010

12/05/2018

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

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.

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 LiverpoolMajor 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.

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

8.1National 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.

8.2Access 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 non-destructive analytical techniques such as the CT-scanning of the mummy of Pedeamun by the RoyalLiverpoolUniversityHospital. 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 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.

10.3Some 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 displayunsupervised. 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?
• 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.

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.

11.4The 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.

11.6When 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 non-commercial 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 Communitiesdivision 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.

• 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