El régimen jurídico del acceso al disfrute del patrimonio cultural arquitectónico en España

Abstract

The demand for access to the enjoyment of the cultural legacy is a common feature of today´s world characterized by globalization and where each region possesses a unique architectural heritage, full of unrepeatable values, which reflects its identity and a particular historical trajectory. To be able to appreciate and understand that real wealth, to contemplate it "in situ" and to tour its most significant indoor and outdoor spaces, it is now recognized as a part of the right to access and take part in cultural life because of its relationship with human dignity and the spiritual enrichment that its realization entails. At the same time this involves protecting heritage and tourism promotion, two activities that play an important role in promoting sustainable development in developing territories. For all these reasons, the public authorities must take proactive measures to ensure the preservation, enhancement and dissemination of such heritage sector for collective enjoyment. This paper provides an in-depth study of the international legal system and the Spanish sectoral legislation, with the dual aim of contributing to the dogmatic construction of this cultural right and to ascertain whether the current Spanish law is suitable and sufficient to ensure the effectiveness of measures aimed at the access to architectural heritage (architectural works, groups of buildings and sites).