Laws protecting monuments by country

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Throughout the world, different laws exist that protect monuments.

Contents

International law

Under international criminal law, monuments are considered a type of cultural heritage and their systematic destruction is prohibited by various international agreements. [1]

By country

Austria

Austrian laws protecting and preserving monuments have existed since 1853. The current law dates from 1923, and also protects the historic centers of Salzburg, Graz, and Vienna. The Federal Monuments Office oversees monuments protection. [2]

Bosnia and Herzegovina

The Commission to Preserve National Monuments oversees monuments in Bosnia and Herzegovina. [3]

France

The number of protected monuments in France has increased, so has the budget for maintaining them. [4] [5]

Germany

German law protects monuments from being destroyed during redevelopment. [6]

Hungary

Like other countries, Hungary has laws to regulate and protect historical monuments. [7]

Poland

Thailand

The main legislation covering the protection of historical monuments in Thailand is the Act on Ancient Monuments, Antiques, Objects of Art and National Museums, B.E. 2504 (1961).

United Kingdom

In the UK, a bill against desecration of war memorials is being considered. [8] [9]

United States

The National Historic Preservation Act of 1966 protects historic sites in the United States, including monuments. [10]

A Pennsylvania law states that a person commits a misdemeanor of the second degree if he: (1) intentionally desecrates any public monument or structure, or place of worship or burial; or (2) intentionally desecrates any other object of veneration by the public or a substantial segment thereof in any public place; Desecrate means defacing, damaging, polluting or otherwise physically mistreating in a way that the actor knows will outrage the sensibilities of persons likely to observe or discover the action. [11]

Related Research Articles

<span class="mw-page-title-main">National Register of Historic Places</span> Federal list of historic sites in the US

The National Register of Historic Places (NRHP) is the United States federal government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation for their historical significance or "great artistic value". A property listed in the National Register, or located within a National Register Historic District, may qualify for tax incentives derived from the total value of expenses incurred in preserving the property.

<span class="mw-page-title-main">Scheduled monument</span> Legally protected archaeological site or historic building in the United Kingdom

In the United Kingdom, a scheduled monument is a nationally important archaeological site or historic building, given protection against unauthorised change.

<span class="mw-page-title-main">Monument</span> Structure built to commemorate a relevant person or event

A monument is a type of structure that was explicitly created to commemorate a person or event, or which has become relevant to a social group as a part of their remembrance of historic times or cultural heritage, due to its artistic, historical, political, technical or architectural importance. Examples of monuments include statues, (war) memorials, historical buildings, archaeological sites, and cultural assets. If there is a public interest in its preservation, a monument can for example be listed as a UNESCO World Heritage Site. The Palgrave Encyclopedia of Cultural Heritage and Conflict gives the next definition of monument:

Monuments result from social practices of construction or conservation of material artifacts through which the ideology of their promoters is manifested. The concept of the modern monument emerged with the development of capital and the nation-state in the fifteenth century when the ruling classes began to build and conserve what were termed monuments. These practices proliferated significantly in the nineteenth century, creating the ideological frameworks for their conservation as a universal humanist duty. The twentieth century has marked a movement toward some monuments being conceived as cultural heritage in the form of remains to be preserved, and concerning commemorative monuments, there has been a shift toward the abstract counter monument. In both cases, their conflictive nature is explicit in the need for their conservation, given that a fundamental component of state action following the construction or declaration of monuments is litigating vandalism and iconoclasm. However, not all monuments represent the interests of nation-states and the ruling classes; their forms are also employed beyond Western borders and by social movements as part of subversive practices which use monuments as a means of expression, where forms previously exclusive to European elites are used by new social groups or for generating anti-monumental artifacts that directly challenge the state and the ruling classes. In conflicts, therefore, it is not so much the monument which is relevant but rather what happens to the communities that participate in its construction or destruction and their instigation of forms of social interaction.

<span class="mw-page-title-main">Historic preservation</span> Preservation of items of historical significance

Historic preservation (US), built heritage preservation or built heritage conservation (UK) is an endeavor that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance. It is a philosophical concept that became popular in the twentieth century, which maintains that cities as products of centuries' development should be obligated to protect their patrimonial legacy. The term refers specifically to the preservation of the built environment, and not to preservation of, for example, primeval forests or wilderness.

<span class="mw-page-title-main">National Historic Preservation Act</span> Legislation intended to preserve historic sites in the United States

The National Historic Preservation Act is legislation intended to preserve historic and archaeological sites in the United States of America. The act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices.

<span class="mw-page-title-main">Conservation and restoration of immovable cultural property</span> Process of preservation of historically significant buildings

Conservation and restoration of immovable cultural property describes the process through which the material, historical, and design integrity of any immovable cultural property are prolonged through carefully planned interventions. The individual engaged in this pursuit is known as an architectural conservator-restorer. Decisions of when and how to engage in an intervention are critical to the ultimate conservation-restoration of cultural heritage. Ultimately, the decision is value based: a combination of artistic, contextual, and informational values is normally considered. In some cases, a decision to not intervene may be the most appropriate choice.

Archaeological ethics refers to the moral issues raised through the study of the material past. It is a branch of the philosophy of archaeology. This article will touch on human remains, the preservation and laws protecting remains and cultural items, issues around the globe, as well as preservation and ethnoarchaeolog.

<span class="mw-page-title-main">Ancient monument</span> Prehistoric or early historical structure or site worthy of preservation

An ancient monument can refer to any early or historical manmade structure and/or architecture. Certain ancient monuments are of cultural importance for nations and become symbols of international recognition, including the ruins of Baalbek on Lebanese currency, the Angkor Wat on Cambodian currency and the Great Wall of China on the Chinese currency. There are some countries that display ancient buildings as symbols on their coats of arms as a way to affirm national identity. In this way, ancient monuments in the modern world are used as icons to represent a country. The importance of ancient monuments extends to cultural heritage and how the people of a nation or city identify themselves.

<span class="mw-page-title-main">Cultural heritage</span> Physical artifact or intangible attribute of a society inherited from past generations

Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by society.

<span class="mw-page-title-main">Cultural heritage management</span> Vocation and practice of managing cultural heritage

Cultural heritage management (CHM) is the vocation and practice of managing cultural heritage. It is a branch of cultural resources management (CRM), although it also draws on the practices of cultural conservation, restoration, museology, archaeology, history and architecture. While the term cultural heritage is generally used in Europe, in the US the term cultural resources is in more general use specifically referring to cultural heritage resources.

The Convention on the Protection of the Underwater Cultural Heritage is a treaty that was adopted on 2 November 2001 by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO). The convention is intended to protect "all traces of human existence having a cultural, historical or archaeological character" which have been under water for over 100 years. This extends to the protection of shipwrecks, sunken cities, prehistoric art work, treasures that may be looted, sacrificial and burial sites, and old ports that cover the oceans' floors. The preservation of underwater cultural heritage is significant as it allows for the retelling of numerous historical events. As part of its duty to conduct scientific research and provide continuous education on the importance of underwater cultural heritage, UNESCO strives to maintain these sites for the enjoyment of current and future generations. The convention may provide a customary framework to help raise awareness and seek to combat the illegal looting and pirating occurring in waters worldwide. As an international body, member states of the convention agree to work towards the preservation of sunken cultural property within their jurisdiction and the high seas.

Australian heritage laws exist at the national (Commonwealth) level, and at each of Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, Western Australia state and territory levels. Generally there are separate laws governing Aboriginal cultural heritage and sacred sites, and historical heritage. State laws also allow heritage to be protected through local government regulations, such as planning schemes, as well.

The Aboriginal Heritage Act 1988 (AHA) is the principal South Australian legislation protecting and preserving the state's Aboriginal heritage. It repealed and replaced the Aboriginal and Historic Relics Preservation Act 1965, which was the first state legislation to protect Aboriginal Australian heritage in Australia.

<span class="mw-page-title-main">Cultural Property (Japan)</span>

A Cultural Property is administered by the Japanese government's Agency for Cultural Affairs, and includes tangible properties ; intangible properties ; folk properties both tangible and intangible; monuments historic, scenic and natural; cultural landscapes; and groups of traditional buildings. Buried properties and conservation techniques are also protected. Together these cultural properties are to be preserved and utilized as the heritage of the Japanese people.

Immovable Cultural Heritage of Exceptional Importance are those objects of Immovable cultural heritage that enjoy the highest level of state protection in the Republic of Serbia. Immovable Cultural Heritage is classified as being of Exceptional Importance upon decision by the National Assembly of Serbia. They are inscribed in the Central Register of Immovable cultural property maintained by the Institute for the Protection of Cultural Monuments of Serbia. Objects of Immovable cultural heritage have to fulfill one or more of those criteria defined in the Law on Cultural Heritage of 1994 in order to be categorized as being "of exceptional importance":

  1. exceptional importance for social, historical or cultural development of the people, or for the development of its natural environment;
  2. evidence of important historic events or persons and their work;
  3. unique (rare) example of human creativity of the time or a unique example from the natural history;
  4. great influence on the development of society, culture, technology, or science;
  5. exceptional artistic or aesthetic value.

National Heritage Act is a stock short title used in Malaysia and the United Kingdom for legislation relating to national heritage.

Protected areas of Ukraine are special areas of Ukraine established with the goal of protecting the natural and cultural heritage of the country from excessive changes as a result of human activity. The protection of the areas is the responsibility of the government of Ukraine, specifically the Cabinet of Ministers of Ukraine.

The cultural monuments of the Czech Republic are protected properties designated by the Ministry of Culture of the Czech Republic. Cultural monuments that constitute the most important part of the Czech cultural heritage may be declared national cultural monuments by a regulation of the Government of the Czech Republic. Government may also proclaim a territory, whose character and environment is determined by a group of immovable cultural monuments or archaeological finds, as a whole, as a monument reservation. Ministry of Culture may proclaim a territory of a settlement with a smaller number of cultural monuments, historical environment or part of a landscape area that display significant cultural values as a monument zone.

<span class="mw-page-title-main">Conservation and restoration of archaeological sites</span> Process in archaeology

The conservation and restoration of archaeological sites is the collaborative effort between archaeologists, conservators, and visitors to preserve an archaeological site, and if deemed appropriate, to restore it to its previous state. Considerations about aesthetic, historic, scientific, religious, symbolic, educational, economic, and ecological values all need to be assessed prior to deciding the methods of conservation or needs for restoration. The process of archaeology is essentially destructive, as excavation permanently changes the nature and context of the site and the associated information. Therefore, archaeologists and conservators have an ethical responsibility to care for and conserve the sites they put at risk.

References

  1. Francesco, Francioni (2013). "Cultural Heritage". Oxford Public International Law. doi:10.1093/law:epil/9780199231690/e1392. ISBN   9780199231690.
  2. Klein, Caroline (2018). "Monuments, Protection and Rehabilitation Zonesof Vienna. Genesis and status in legislation andadministration". knowledgecenter.ubt-uni.net. Retrieved 2020-09-12.
  3. Musi, Maja (2014). "The international heritage doctrine and the management of heritage in Sarajevo, Bosnia and Herzegovina: the case of the Commission to Preserve National Monuments". International Journal of Heritage Studies. 20 (1): 54–71. doi:10.1080/13527258.2012.709191. S2CID   143834667.
  4. Benhamou, Francoise (1996). "Is increased public spending for the preservation of historic monuments inevitable? The French case". Journal of Cultural Economics. 20 (2): 115–131. doi:10.1007/BF00128912. S2CID   189888342.
  5. Benhamou, Françoise (1997). "Conserving Historic Monuments in France: A Critique of Official Policies". Economic Perspectives on Cultural Heritage. Palgrave Macmillan UK. pp. 196–210. ISBN   978-1-349-25824-6.
  6. Maennig, Wolfgang (2017). "Monument Protection and Zoning: Regulations and Public Support from an International Perspective". Understanding German Real Estate Markets. Management for Professionals. Springer International Publishing. pp. 225–236. doi:10.1007/978-3-319-32031-1_16. ISBN   978-3-319-32031-1.
  7. Derer, Beatrice (2012). "Architecture and the Protection of Historical Monuments in the Hungarian Legislation". LOGOS, UNIVERSALITY, MENTALITY, EDUCATION, NOVELTY. Section: Law. I (1): 149–162. ISSN   2284-5968.
  8. "Desecration of War Memorials Bill 2019-21 — UK Parliament". services.parliament.uk. Retrieved 2020-08-30.
  9. Corrigan, Phil (2020-06-23). "City MP's war memorial desecration bill passes first hurdle in Parliament". StokeonTrentLive. Retrieved 2020-08-30.
  10. "ACHP Policy Statement on Controversial Commemorative Works | Advisory Council on Historic Preservation". www.achp.gov. Retrieved 19 September 2020.
  11. "Pennsylvania Statutes Title 18 Pa.C.S.A. Crimes and Offenses § 5509". Findlaw. Retrieved 2020-08-30.

Further reading