Informed Consent and Cultural Dignity

Rethinking Research Ethics through the Havasupai Tribe Case - Toward Collective Consent Models

Abstract

This article examines the limitations of Western individualistic informed consent frameworks through a critical analysis of the Havasupai Tribe v. Arizona State University Board of Regents case and its broader implications. By exploring the tension between Western legal paradigms and Indigenous collectivist worldviews, this research demonstrates how prevailing consent models systematically fail to recognize cultural dignity and communal harm as fundamental rights. This article situates this failure within a historical pattern of research abuses against Indigenous populations while drawing parallels across multiple domains: Fourth Amendment jurisprudence, digital privacy regulation, and international approaches to Indigenous research ethics. Through these comparisons, the analysis reveals systemic deficiencies in how American legal frameworks conceptualize meaningful consent for vulnerable populations with collective identities. Based on comparative analysis of international models and examination in emerging challenges in genetic and digital research, the article proposes comprehensive reforms including cultural impact assessments, collective consent mechanisms, and ongoing consent processes that honor Indigenous sovereignty. This contribution advances a more nuanced ethical framework that protects cultural dignity while acknowledging the inherently communal nature of harm in Indigenous contexts and emerging technological landscapes.