Washington International Law Journal Volume 22 Number 2 Special Issue: Indigenous Rights in the Pacific Rim 3-1-2013 Protecting the Spiritual Beliefs of Indigenous Peoples—Australian Case Studies Michael Blakeney Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Indian and Aboriginal Law Commons Recommended Citation Michael Blakeney, Protecting the Spiritual Beliefs of Indigenous Peoples—Australian Case Studies, 22 Pac. Rim L & Pol'y J. 391 (2013). Available at: https://digitalcommons.law.uw.edu/wilj/vol22/iss2/7 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact
[email protected]. 391 PROTECTING THE SPIRITUAL BELIEFS OF INDIGENOUS PEOPLES–AUSTRALIAN CASE STUDIES Michael Blakeney† Abstract: This article examines the extent to which the spiritual beliefs of Aboriginal and Torres Strait Islander Peoples are protected under current Australian law. The first significant recognition by the High Court of Australia of the legal rights of indigenous peoples was in relation to native title over real property. As those peoples define their status and society by reference to their relationship with the land, this article considers the ultimately unsuccessful attempt to protect their spiritual beliefs as an incident of native title law. It reviews a line of intellectual property cases which have been a more fruitful source of protection, as well as the possibilities of the protection of the spiritual beliefs of indigenous peoples under racial vilification laws.