A Field Guide to Tactical Heritage Urbanism Volume 1: October 2016 | Page 19

Article 4 – Rights and responsibilities relating to
cultural heritage
The Parties recognise that:
a
everyone, alone or collectively, has the right to benefit from the
cultural heritage and to contribute towards its enrichment;
b
everyone, alone or collectively, has the responsibility to respect
the cultural heritage of others as much as their own heritage, and
consequently the common heritage of Europe;
c
exercise of the right to cultural heritage may be subject only to those
restrictions which are necessary in a democratic society for the protection of the public interest and the rights and freedoms of others.
Article 5 – Cultural heritage law and policies
The Parties undertake to:
a
recognise the public interest associated with elements of the cultural
heritage in accordance with their importance to society;
b
enhance the value of the cultural heritage through its identification,
study, interpretation, protection, conservation and presentation;
c
ensure, in the specific context of each Party, that legislative provisions
exist for exercising the right to cultural heritage as defined in Article
4;
d
foster an economic and social climate which supports participation
in cultural heritage activities;
e
promote cultural heritage protection as a central factor in the mutually
supporting objectives of sustainable development, cultural diversity
and contemporary creativity;
f
recognise the value of cultural heritage situated on territories under
their jurisdiction, regardless of its origin;
g
formulate integrated strategies to facilitate the implementation of
the provisions of this Convention.
Article 6 – Effects of the Convention
No provision of this Convention shall be interpreted so as to:
a
limit or undermine the human rights and fundamental freedoms which
may be safeguarded by international instruments, in particular, the
Universal Declaration of Human Rights and the Convention for the
Protection of Human Rights and Fundamental Freedoms;
b
affect more favourable provisions concerning cultural heritage and
environment contained in other national or international legal instruments;
c
create enforceable rights.

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