Definition of Cultural Heritage in legal texts
NORWAY
The legislative committee drafting Norway’s Cultural Heritage Act sent a question and asked for international input.
Definition of Cultural Heritage (GH)
There is need for a more precise definition of CH that considers the central point of the current definition, by pointing out that all human imprints in the world, material and immaterial, can potentially be recognized as cultural heritage. At the same time, there is a need to point out that this cultural heritage potential must be recognized and assessed in the light of the legal guidelines provided, before they are possibly awarded such status. Are you aware of whether this type of definition is used in regulations in other countries, international conventions etc., or in the specialist literature? We do not mean to ask for a comprehensive explanation of this, but something more about the basis for the point of view.
AUSTRIA
In Austria we also have different definitions of cultural heritage (sometimes generally subsumed as cultural objects).
– By the Federal Act BGBl. Nr. 533/1923 (in its current version) on the Protection of Monuments Due to Their Historic, Artistic or Other Cultural Significance (Monument Protection Act – MPA – DMSG) cultural heritage is in § 1 described as a man-made immovable and movable objects (including remains and traces of creative human intervention and artificially constructed or moulded ground formations) of historic, artistic or other cultural significance (“monuments”), if, due to this significance, their preservation is in the public interest. This significance may be due to the objects per se, but may also arise due to their relationship to, or location in relation to, other objects. […]
– By the Federal Act BGBl. I Nr. 19/2016 on the Return of Unlawfully Removed Cultural Objects (Return of Cultural Objects Act – RCOA – KGRG) () a cultural object/cultural heritage is defined or classified by a Member State, either before or after its unlawful removal, as a national treasure within the meaning of Article 36 of the Treaty on the Functioning of the European Union (TFEU), or is protected by the legislation of a State Party as part of its cultural heritage within the meaning of Articles 1, 4 and 5 of the UNESCO Convention and is recognisable as such without investing unreasonable effort or expense.
– By the EU Regulation 2019/880 on the introduction and the import of cultural goods recital # 3 describes cultural heritage as one of the basic elements of civilisation having, inter alia, symbolic value, and forming part of the cultural memory of humankind. It enriches the cultural life of all peoples and unites people through shared memory, knowledge and development of civilisation. It should therefore be protected from unlawful appropriation and pillage.
FINLAND
In Finland cultural heritage as a whole has not been defined in legislation.
The Government Resolution for the Cultural Heritage Strategy 2023-2030 (https://valtioneuvosto.fi/delegate/file/117617) cultural heritage builds on the following definition of cultural heritage:
“Cultural heritage is created as a result of human activities and in interaction with the environment. It reflects changes in values, beliefs, knowledge, skills and traditions. Cultural heritage can be tangible, intangible or digital. Cultural heritage is renewed, preserved and transferred to future generations”.
Different aspects of cultural heritage are covered by sector specific Acts.
The Act on Protection of Built Cultural Heritage (498/2010; https://www.finlex.fi/sv/laki/ajantasa/2010/20100498) defines built cultural heritage as buildings, structures, groups of buildings or built areas that have significance related to architectural history, architecture, construction engineering, specific environmental values or their use or events related to them. The definition includes also parts of buildings, fixtures or areas formed by construction or planting. Fixtures include doors, windows, mouldings, fireplaces, coatings, technical machinery, fittings and other corresponding pieces of interior decor as well as machines and devices permanently fixed to the building.
The Nature Conservation Act (9/2023; https://www.finlex.fi/sv/laki/ajantasa/2023/20230009) includes among other things stipulations on establishing areas for landscape management. Such an area may be established in order to protect and manage the beauty of natural or cultural landscapes, historical characteristics or special values related to the landscape.
The Antiquities Act (295/1963; https://www.finlex.fi/sv/laki/ajantasa/1963/19630295) includes stipulations on the protection of certain archaeological monuments. Protected archaeological monuments are listed in the Act and include among others the remains of ancient places of residence, remains of ancient castles or churches and the remains of graves and burial grounds from pagan times. The Antiquities Act is currently under reform and the working group has considered that the act would apply more broadly to archaeological cultural heritage. This would include archaeological remains, finds and information produced thereof in accordance to the planned legislation.
The Church Act (652/2023; https://www.finlex.fi/sv/laki/ajantasa/2023/20230652) protects Evangelical Lutheran churches, bell towers, tombs, structures in a graveyard, churchyards, graveyard’s walls and cemetery gates which predate 1917 or have been protected through a separate administrative decision. The Act on the Orthodox Church (985/2006; https://www.finlex.fi/sv/laki/ajantasa/2006/20060985) protects Orthodox churches and chapels which predate 1917 or have been protected through a separate administrative decision.
The Act on the Restriction of Export of Cultural Goods (933/2016; https://www.finlex.fi/sv/laki/alkup/2016/20160933; https://www.museovirasto.fi/en/services-and-guidelines/export-licences) restricts the export of certain cultural goods:
– objects related to Finnish national history and prominent persons regardless of their age, country of origin or the time they have been in Finland;
– Items referred to in the Antiquities Act (295/1963) that were discovered in ground or underwater;
– Archives or collections deemed valuable for scientific or other particular reasons as well as parts of such archives and collections, regardless of their age, country of origin or the time they have been in Finland; and
– certain other cultural goods specified in the Act’s appendix.
The Land Use and Planning Act (132/1999; https://www.finlex.fi/sv/laki/ajantasa/1999/19990132) provides that the objective in land use planning is to promote among others the protection of the beauty of the built environment and of cultural values. It is possible to include protection regulations in a land use plan when an area or building requires protection due to its landscape, natural values, built environment, cultural and historical values or other special environmental values.
Finland does not have specific legislation concerning the protection of intangible cultural heritage. However, Finland has implemented the Unesco Convention for the Safeguarding of the Intangible Cultural Heritage (SopS 47/2013) and the National Heritage Agency is responsible for the practical implementation measures (https://www.aineetonkulttuuriperinto.fi/sv/).
FLANDERS
In Flanders we have separate legislations for immovable cultural heritage and movable and intangible cultural heritage. There is no overall definition of cultural heritage in these decrees, neither are there age criteria.
The immovable heritage decree includes definitions for archaeological sites, monuments and landscapes. Also cultural goods related to immovable heritage are defined.
The immovable heritage decree describes heritage value as: ‘the archaeological, architectural, artistic, cultural, aesthetic, historical, industrial-archaeological, technical value, spatial-structuring, social, urban, folk or scientific value from which immovable heritage and the cultural goods forming an integral part of it derive their present or future social significance’;
The Cultural Heritage decree includes a definition for cultural heritage, but this is only referring to movable and intangible cultural heritage. The Cultural Heritage Decree of 23 December 2021 describes Cultural Heritage as: ‘movable and intangible cultural expressions that acquire common meanings and values within a current frame of reference and are passed on over generations’;
The CH decree also describes the functions related to intangible CH.
Attached you can find some definitions used in the two decrees.
Decree on immovable heritage – https://ehhf.eu/wp-content/uploads/2023/12/Definities-erfgoed_EN.docx
NORWAY
Definitions in our current Cultural Heritage Act reads as follows:
Chapter 1, Section 2.
Monuments and sites, and cultural environments – definitions
The term «archaeological and historical monuments and sites» is defined here as all traces of human activity in our physical environment, including places associated with historical events, beliefs and traditions.
The term «cultural environment» is defined here as any area where a monument or site forms part of a larger entity or context.
Monuments and sites and cultural environments which are valuable architecturally or from the point of view of cultural history may be protected under the present Act.
Read our full text here: https://lovdata.no/dokument/NLE/lov/1978-06-09-50
SLOVENIA
In Slovenia, there is cultural Heritage Protection Act from 2008 (ZVKD-1), which includes all three categories of CH, immovable, movable and intangible. The definitions are explained in Article 3.
The general definition for CH is described in Article 1 and derives from Faro Convention 2005. All three categories are within the definition.
Heritage is resources inherited from the past which the Slovenes, the members of the Italian and Hungarian ethnic communities, and of the Roma community, as well as other nationals of the Republic of Slovenia, determine as a reflection and expression of their values, identities, ethnicity, religious and other beliefs, knowledge and traditions. The heritage includes aspects of the environment resulting from interaction between people and places through time.
There is also the by-law Rules on the Registry of Heritage and Protection Gudelines, where all three categories are seperately determined and devided according to variety of types. The Rules also determine the heritage protection regimes.
SPAIN
Our definition of Cultural Heritage is already from 1985, so it’s not very updated. There have been movements to pass a new Law, but we are still working on that (there is a need to include new types of CH, such as Film and Audiovisual, Industrial Heritage or Cultural Landscape).
Article 1.2 of our current Law 16/1985 defines historical heritage as: “2. Spanish Historical Heritage includes immovable property and movable objects of artistic, historical, palaeontological, archaeological, ethnographic, scientific or technical interest. Documentary and bibliographical heritage, archaeological sites and areas, as well as natural sites, gardens and parks of artistic, historical or anthropological value also form part thereof. Likewise, the assets comprising Intangible Cultural Heritage are also part of Spanish Historical Heritage, in accordance with the provisions of its special legislation.”
In any case, our national law is complemented by the laws of the several Autonomous Communities, which in some cases are way ahead in their CH definitions, as they are more modern. It is also important to note that we have a specific Law that safeguards Intangible Cultural Heritage (Law 10/2015, you can read it here)
You can find a bit more information in this link (that I’m sure you already know): https://www.coe.int/en/web/herein-system/spain
SWEDEN
The primary legislation for the protection of cultural Heritage in Sweden is the Heritage Conservation Act (1988:950), HCA for short. The Act is divided into sections concerning ancient remains, listed buildings, and Ecclesiastical cultural heritage (among other things). All the above-mentioned categories have their own definition. Immaterial cultural Heritage is not protected in HCA.
Ancient remains are defined as traces of human activity in past ages, having resulted from use in previous times and having been permanently abandoned. To be an ancient remain the object must also belong to one of 8 categories, for instance graves, shipwrecks or raised stones. There is also an age criterion, since it must be presumed that the remains have been created, or in respect of the remains of ships, were wrecked in the year 1850 or earlier (Chapter 2 section 1-1 a) in HCA). The age criterion was added in 2014”.
Heritage Conservation Act: https://ehhf.eu/wp-content/uploads/2023/12/KML-oversattning-engelska.pdf
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