The Legal Foundations of Religious Cultural Heritage Protection

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.