title: Indigenous Peoples and the Protection of Their Secret Knowledge: A Promising Pathway Ahead

authors: Masoni, Claudia

abstract: This work focuses on the intangible, secret aspects of indigenous peoples’ cultures and how such secret information is protected by indigenous guardians or holders. This is because much of indigenous culture is imbued with spiritual significance for indigenous peoples and, consequently, it is not made available to the rest of the community and the world at large.
This thesis examines the reasons why it is important to preserve indigenous cultures and secret practices that today survive in indigenous communities. The thesis demonstrates that secrecy is seen as essential to the preservation of indigenous secret knowledge. Indigenous guardians are responsible for the preservation of the information, and they commonly use secrecy to preserve the knowledge and, when they share it, they choose limited, confidential circumstances to do so. This work argues that it is important to make reasonable space in the existing body of laws which have so far failed to effectively protect indigenous secret practices and information. The case study described in this thesis helps understand how states are currently trying to listen, understand and accommodate indigenous claims brought forward at the national and international fora. The thesis reviews the legal protection currently available to indigenous secret knowledge in national and international law. The first 6 chapters introduce indigenous cultures, holism and indigenous peoples and international law, and chapter 7 describes the New Zealand case Wai 262 and the recommendations given by the Waitangi Tribunal. The remaining chapters analyse indigenous cultures and intellectual property laws, identifying gaps in the existing mechanisms for protection and underlining why, as of today, intellectual property law does not guarantee adequate protection to indigenous secret knowledge. The last chapter analyses the law of breach of confidence as a possible instrument to safeguard indigenous secret information and the duty of care performed by indigenous guardians in preserving such knowledge. It argues that the existing law of confidentiality can usefully evolve to protect cultural secret information as a growing category in its own right and that indigenous secret information can find protection as confidential information.

text: Indigenous Peoples and the Protection of Their Secret Knowledge: A Promising Pathway Ahead This work focuses on the intangible, secret aspects of indigenous peoples’ cultures and how such secret information is protected by indigenous guardians or holders. This is because much of indigenous culture is imbued with spiritual significance for indigenous peoples and, consequently, it is not made available to the rest of the community and the world at large.
This thesis examines the reasons why it is important to preserve indigenous cultures and secret practices that today survive in indigenous communities. The thesis demonstrates that secrecy is seen as essential to the preservation of indigenous secret knowledge. Indigenous guardians are responsible for the preservation of the information, and they commonly use secrecy to preserve the knowledge and, when they share it, they choose limited, confidential circumstances to do so. This work argues that it is important to make reasonable space in the existing body of laws which have so far failed to effectively protect indigenous secret practices and information. The case study described in this thesis helps understand how states are currently trying to listen, understand and accommodate indigenous claims brought forward at the national and international fora. The thesis reviews the legal protection currently available to indigenous secret knowledge in national and international law. The first 6 chapters introduce indigenous cultures, holism and indigenous peoples and international law, and chapter 7 describes the New Zealand case Wai 262 and the recommendations given by the Waitangi Tribunal. The remaining chapters analyse indigenous cultures and intellectual property laws, identifying gaps in the existing mechanisms for protection and underlining why, as of today, intellectual property law does not guarantee adequate protection to indigenous secret knowledge. The last chapter analyses the law of breach of confidence as a possible instrument to safeguard indigenous secret information and the duty of care performed by indigenous guardians in preserving such knowledge. It argues that the existing law of confidentiality can usefully evolve to protect cultural secret information as a growing category in its own right and that indigenous secret information can find protection as confidential information.

year: 2017

title: He huringa āhuarangi, he huringa ao: A changing climate, a changing world

authors: Awatere, S

subjects: climate change adaptation

abstract: Iwi/hapū (tribe/subtribe) governance institutions are increasingly asserting their rangatiratanga (autonomy) to manage climate change risks and meet the well-being of whānau (family)/ hapū/iwi. Howevere, there is a shortange of specific guidance for whānau/hapū/iwi with respect to climate change adaptation and mitigation. We provide a commentary about risk and uncertainty, knowledge gaps, and options for climate change mitigation and adaptation for whānau/hapū/iwi.

text: He huringa āhuarangi, he huringa ao: A changing climate, a changing world Iwi/hapū (tribe/subtribe) governance institutions are increasingly asserting their rangatiratanga (autonomy) to manage climate change risks and meet the well-being of whānau (family)/ hapū/iwi. Howevere, there is a shortange of specific guidance for whānau/hapū/iwi with respect to climate change adaptation and mitigation. We provide a commentary about risk and uncertainty, knowledge gaps, and options for climate change mitigation and adaptation for whānau/hapū/iwi.

year: 2021-10

title: Patient and carer perceived barriers to early presentation and diagnosis of lung cancer: a systematic review.

authors: Cassim, Shemana

subjects: Barrier to diagnosis

abstract: BACKGROUND: Lung cancer is typically diagnosed at a late stage. Early presentation and detection of lung cancer symptoms is critical to improving survival but can be clinically complicated and as yet a robust screening method for diagnosis is not available in routine practice. Accordingly, the barriers to help-seeking behaviour and diagnosis need to be considered. This review aimed to document the barriers to early presentation and diagnosis of lung cancer, based on patient and carer perspectives. 
METHODS: A systematic review of databases was performed for original, English language articles discussing qualitative research on patient perceived barriers to early presentation and diagnosis of lung cancer. Three major databases were searched: Scopus, PubMed and EBSCOhost. References cited in the selected studies were searched for further relevant articles. 
RESULTS: Fourteen studies met inclusion criteria for review. Barriers were grouped into three categories: healthcare provider and system factors, patient factors and disease factors. 
CONCLUSIONS: Studies showed that the most frequently reported barriers to early presentation and diagnosis of lung cancer reported by patients and carers related to poor relationships between GPs and patients, a lack of access to services and care for patients, and a lack of awareness of lung cancer symptoms and treatment. Addressing these barriers offers opportunities by which rates of early diagnosis of lung cancer may be improved.

text: Patient and carer perceived barriers to early presentation and diagnosis of lung cancer: a systematic review. BACKGROUND: Lung cancer is typically diagnosed at a late stage. Early presentation and detection of lung cancer symptoms is critical to improving survival but can be clinically complicated and as yet a robust screening method for diagnosis is not available in routine practice. Accordingly, the barriers to help-seeking behaviour and diagnosis need to be considered. This review aimed to document the barriers to early presentation and diagnosis of lung cancer, based on patient and carer perspectives. 
METHODS: A systematic review of databases was performed for original, English language articles discussing qualitative research on patient perceived barriers to early presentation and diagnosis of lung cancer. Three major databases were searched: Scopus, PubMed and EBSCOhost. References cited in the selected studies were searched for further relevant articles. 
RESULTS: Fourteen studies met inclusion criteria for review. Barriers were grouped into three categories: healthcare provider and system factors, patient factors and disease factors. 
CONCLUSIONS: Studies showed that the most frequently reported barriers to early presentation and diagnosis of lung cancer reported by patients and carers related to poor relationships between GPs and patients, a lack of access to services and care for patients, and a lack of awareness of lung cancer symptoms and treatment. Addressing these barriers offers opportunities by which rates of early diagnosis of lung cancer may be improved.

year: 2019-01-08