The protection of the cultural heritage of Argentina

From the patrimonial legislation to the consecration of a new law.

Abstract

This issue can be approached from different angles, we work on a multivocal concept that includes multiple categories (urban patrimony, built, artistic, historic, etc.) and it is a pillar of local and regional development. Its legal regime is relevant because its dimension exceeds municipal protection and special legislation (where each law serves a particular purpose). When international norms (letters and instruments emanating from specialized international organizations) and reception in European and Latin American constitutions must be analyzed in an integral way, in order to adequately address the incorporation by our National Constitution (and provincial letters), in harmony with general principles and global guiding norms. In the legal guardianship, the importance of the transit from the various special laws (patrimonial legislation) to the incorporation with the constitutional rank of "Right to the cultural heritage and the cultural identity", since the reform positivized the right with constitutional rank ordering to dictate a law of minimum budgets. It is important to enact a General Law on Cultural Heritage, but to do so in harmony with the new law, which is central to the missions and functions of institutions for preservation, conservation, diffusion and especially legal protection, attend to obligations of the State, the responsibility of educational institutions, to generate academic spaces, cooperation and studies (local, regional and international).