Traditional and Customary Practices
Standing with Practitioners for Native Hawaiian culture
Native Hawaiian culture is embodied in rich and diverse traditional and customary practices, and those traditional and customary practices are protected in the Hawaiʻi State Constitution. Yet, the ability to engage in and perpetuate traditional and cultural practices are often challenged and frustrated by private and government actions.
NHLC stands with practitioners in their legal battles to have their traditional and customary practice rights upheld. As examples, this has included cases to:
- secure the rights of Native Hawaiians to practice the indigenous religion, though serving their sentences in prisons on the mainland.
- challenge the failure of hospitals to recognize the cultural significance of placentas in Native Hawaiian traditional and customary practice. Classified as toxic waste, placentas were destroyed by hospitals. This policy and practice was odious to the Native Hawaiian tradition of burying the placenta in a place of significance.
- secure reasonable access to Hawaiian language immersion school options for Native Hawaiian students in the public school system.
If you have a legal issue and would like to see if we can help you, please call our office at (808) 521-2302 or contact us using our Contact Form.
Contact
Kirsha Durante
Litigation Director
Ashley Obrey
Senior Staff Attorney
Resources
- Ho‘ohana Aku, a Ho‘ola Aku: A Legal Primer for Traditional and Customary Rights in Hawai‘i provided by the Ka Huli Ao Center for Excellence in Native Hawaiian Law
News + Insights
In the 2025 Hawaiʻi State legislative session, lawmakers introduced two bills in the House as potential replacements for the 2019 Midwifery Law (HRS §457J): HB 1194 and HB1328, both relating to midwives. ...
Na Devin Kamealoha Forrest, NHLC Staff Attorney and Title & Research Specialist E like hoʻi me kā A. Keohokalole i wehewehe ai ma ka hihia ʻo In re Nakuapā (1872) penei; “He wā ...
Kauaʻi County Planning Commission Finds in Favor of Kilauea Cultural Practitioners to Protect Nihokū
The Native Hawaiian Legal Corporation (“NHLC”) recently represented client Nā Kiaʻi o Nihokū before the Kaua‘i County Planning Commission (the “Commission”) at its November 12, 2024 meeting. Nā Kiaʻi o Nihokū includes ...