Abstract
It is common knowledge that the process of defining and protecting certain religious elements as invaluable heritage assets, is—more often than not—a complex one. In fact, it is exactly this, rather intricate, process that lends religious cultural heritage its powerful legal dimension, since the decision as to what and how is deemed worthy of protection and preservation is primarily made by Law. In this light, the present article will briefly examine the legal foundations for the protection of religious cultural heritage at the international level, in accordance with the principle of freedom of religion and the right to culture. Apart from the examination of various pertinent provisions, norms and regulations relating to the protection of religious heritage, crucial cultural themes will be also presented, utilizing a broader interdisciplinary approach of the subject matter. Within this framework, the model of res mixtae is introduced, in view of providing a better understanding of the numerous aspects of religious cultural heritage.
Highlights
Before laying the legal foundations of the protection of religious cultural heritage, one must first identify the very elements of this heritage, in order to define the scope of protection
At the same time, providing a coherent definition for such a multidisciplinary subject matter, and especially a definition claiming universal applicability, is an arduous task; the range of possible elements—both tangible and intangible—that the notion of religious cultural heritage might encompass, is rather extensive: it might include complexes of buildings, sites of archaeological or historical significance, ancient works of art, ethnographic items, landscapes and topographical features, natural features endowed with special cultural significance, ritual items and ceremonial traditions
The significance of religious cultural heritage as symbolic of the culture, and those aspects of it, which a society views as valuable, are unquestionable. It is this very role of religious cultural heritage that lends it its powerful political dimension, since the decision as to what and how is deemed worthy of protection and preservation is generally made by State authorities at the national level and by intergovernmental organizations at a broader international level (Blake 2000)
Summary
Before laying the legal foundations of the protection of religious cultural heritage (or any cultural heritage for that matter), one must first identify the very elements of this heritage, in order to define the scope of protection. At the same time, providing a coherent definition for such a multidisciplinary subject matter, and especially a definition claiming universal applicability, is an arduous task; the range of possible elements—both tangible and intangible—that the notion of religious cultural heritage might encompass, is rather extensive: it might include complexes of buildings, sites of archaeological or historical significance, ancient works of art, ethnographic items, landscapes and topographical features, natural features endowed with special cultural significance, ritual items and ceremonial traditions. As it has been eloquently described by Notwithstanding the above, and especially taking into consideration the fact that effective heritage conservation programs do exist in almost all countries, a substantial question is raised thereof: why—especially from a legal point of view—should the states (or any international political entity or institution that the latter form jointly) care about the protection of ‘sacred’ cultural elements, such as ‘religious spaces’? Is there a legal basis for such (national and international) political structures to be engaged with the protection of ‘sacred’ spaces and places, even in our age of ‘secular’ political institutions? Is there an obligation by law, for example, to restore and save a crumbling ancient chapel or a medieval synagogue, even though it is a religious edifice of the past? Before addressing these questions, it would be helpful to provide a brief overview of the various pertinent provisions, norms and regulations at the international level, and, subsequently, explore the existing typology of national legislative patterns relating to the protection of religious cultural heritage, in relation to the religious character of its ‘spatial’ dimension
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
