Constitutional cultural heritage protection
Constitutional cultural heritage protection

Author(s): Annamária Eszter Szabó
Subject(s): Museology & Heritage Studies, Constitutional Law
Published by: Pécsi Tudományegyetem Művészeti Kar Művészettörténet Tanszék
Keywords: constitutional law; cultural heritage protection; Hungarian Constitutional Court; right to culture; Fundamental Law; monument protection; non-derogation doctrine; World Heritage; cultural rights; state obligation
Summary/Abstract: The study examines the constitutional foundations of cultural heritage protection in Hungary, focusing on the relationship between cultural rights, state obligations, and constitutional law. The author argues that cultural heritage protection has become increasingly important due to global challenges concerning ownership, preservation, sustainable use, and public access to cultural goods. The paper reviews both the former Hungarian Constitution of 1949 and the current Fundamental Law adopted in 2011, emphasizing the evolution of cultural rights within Hungarian public law. According to the study, the current Fundamental Law defines cultural values and natural resources as part of the nation’s common heritage, whose protection is the duty of both the state and society. A central theme of the article is the interpretation of the “non-derogation doctrine,” which prohibits reducing the level of protection already achieved for cultural heritage and environmental values. The author analyzes Decision 25/2021 of the Hungarian Constitutional Court, which examined the privatization of apartments located in World Heritage and protected monument zones. The Constitutional Court concluded that the protection of cultural heritage must remain guaranteed even in private legal transactions such as property sales. The study also argues that the “right to culture” can be interpreted as a constitutional right of access to cultural heritage, similarly to the right to education and the right to a healthy environment. The paper emphasizes that the state must establish legal guarantees and institutional safeguards to preserve monuments and cultural values for future generations. Overall, the article concludes that cultural heritage protection in Hungary is both a constitutional state obligation and a fundamental cultural right that requires continuous legal and institutional protection.

• Details
• Contents