SYNERGIES AND CHALLENGES IN THE APPLICATION OF THE VENICE CHARTER: A PERSPECTIVE FROM PROPERTY OWNERS OF PROTECTED ASSETS

Daniel Silva Queiroga

Paper Title

Authors

Daniel Silva Queiroga

Modality

Abstract

Subject area

2. A Cross-Cutting Approach Between Conventions - A discussion linking the Venice Charter with other international documents, notably the Hague Convention of 1954, the World Heritage Convention of 1972, the Nara Document on Authenticity of 1994, the Intangible Heritage Convention of 2003, and the Faro Convention of 2005, exploring intersections and shared principles to address contemporary challenges.

Publishing Date

11/04/2025

Country of Publishing

Brazil | Brasil

Language of Publishing

Inglês

Paper Page

https://www.even3.com.br/anais/icomos-scientific-symposium-2024-439820/849543-synergies-and-challenges-in-the-application-of-the-venice-charter--a-perspective-from-property-owners-of-protecte

ISBN

978-65-272-1284-3

Keywords

cultural heritage, social function of property, Heritage Charters, International Conventions, property owners' rights, community participation, conservation

Summary

In Brazil, the protection of tangible cultural heritage is a state intervention supported by the principle of the social function of property and both international and local regulations. Legal certainty in protection and conservation processes encourages property owners to adhere to duties imposed by the State in the name of the community and culture. While International Conventions and Heritage Charters, such as those issued by UNESCO, the Council of Europe, and ICOMOS, address the value, recognition, protection, restoration, and management of heritage, the inclusion of fundamental rights and freedoms of property owners in these processes remains a significant challenge. This study proposes revisiting and expanding the principles of the Venice Charter by integrating them with contemporary demands for the protection of property owners' rights, evaluating the stipulations in international conventions from the UN System, such as the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the World Heritage Convention (1972), which have legal force in Brazil. In turn, the Faro Convention of the Council of Europe (2005) serves as a source in the comparative law perspective. The analysis will explore how the Venice Charter, originally focused on the physical conservation and restoration of heritage, can be interpreted to ensure both heritage conservation and respect for property owners' rights. This includes examining current practices and proposing measures to ensure that, during due process, property owners are guaranteed reasonable process duration, clarity in protection guidelines, and adequate investments for heritage conservation from a management perspective. Additionally, the study will investigate how community participation, as emphasized in the Faro Convention, can be integrated into heritage protection processes to ensure that the voices of property owners and the community are considered in protection and conservation decisions. The methodology includes an analysis of how the state's internal norms reconcile with its obligations under international conventions, highlighting areas of synergy and challenges in applying the principles of the Venice Charter in diverse legal and cultural contexts. The objective is to foster a constructive dialogue between the Heritage Charters, especially the Venice Charter, and the International Conventions, with the need to protect individual rights, promoting heritage management that ensures legal certainty for property owners. This dialogue will seek to identify practices carried out in Brazil and propose practical recommendations for the implementation of heritage protection policies and norms that balance the social function of property with the rights of property owners, creating a framework that respects both local specificities and universal principles of heritage protection.

Title of the Event: ICOMOS SCIENTIFIC SYMPOSIUM 2024
City of the Event: Ouro Preto
Title of the Proceedings of the event: ICOMOS 2024 Scientific Symposium Proceedings
Name of the Publisher: Even3
Means of Dissemination: Meio Digital

How to cite

QUEIROGA, Daniel Silva. SYNERGIES AND CHALLENGES IN THE APPLICATION OF THE VENICE CHARTER: A PERSPECTIVE FROM PROPERTY OWNERS OF PROTECTED ASSETS.. In: ICOMOS 2024 Scientific Symposium Proceedings. Anais...Ouro Preto(MG) Convention Center / UFOP/ UFMG Campus, 2024. Available in: https//www.even3.com.br/anais/icomos-scientific-symposium-2024-439820/849543-SYNERGIES-AND-CHALLENGES-IN-THE-APPLICATION-OF-THE-VENICE-CHARTER--A-PERSPECTIVE-FROM-PROPERTY-OWNERS-OF-PROTECTE. Access in: 30/07/2025