The Meaning of Culture from a Human Rights Approach: The Mandate of the UN Special Rapporteur in the Field of Cultural Rights

Bidault, Mylène; Bouchard, Johanne; Carril, Beatriz Barreiro

doi:10.4467/2450050xsnr.19.011.11559

SNR

2019

DOI: 10.4467/2450050xsnr.19.011.11559

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The Meaning of Culture from a Human Rights Approach: The Mandate of the UN Special Rapporteur in the Field of Cultural Rights

Mylène Bidault¹,

Johanne Bouchard²,

Beatriz Barreiro Carril³

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2024

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At the Borderline of Public and Private Law: The Restitution of Cultural Property Held in Public Collections in Hungary

Vadász,

Verebélyi

2024

Santander Art and Culture Law Review

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During the Second World War, and thereafter until the end of the communist regime in 1989, a massive amount of privately owned works of art came into the possession of the Hungarian state. The ownership of the property thus collected was only partially clarified after the war. After the fall of communism, nationalized cultural property was subject to restitution laws, but restitution typically meant partial compensation. The aim of this article is to highlight the shortcomings that still characterize the restitution of cultural property held in public collections in Hungary. After summarizing the historical-legal situation pertaining to restitution measures in Central and Eastern Europe, we provide a comprehensive overview of the Hungarian legal environment in terms of restitution. The focus is on the restitution rules adopted in the 2010s that were intended to settle the possession of cultural property held in public collections. The roots of constitutional issues related to the regulation arise from and are reflected in the intermingling of private law and public law characteristics and guarantees. In the presentation of civil law disputes concerning the ownership rights of property held in public collections, we outline the characteristics of the Hungarian regulatory framework regarding protected cultural property and the issues arising from their application. Finally, we provide an overview of the European Court of Human Rights’ jurisprudence on the protection of property rights and an assessment of Hungarian regulations before the Court. We claim that the lack of predictability and certainty of the latter authority’s proceedings may lead to human rights issues.

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At the Borderline of Public and Private Law: The Restitution of Cultural Property Held in Public Collections in Hungary

Vadász,

Verebélyi

2024

Santander Art and Culture Law Review

View full text Add to dashboard Cite

show abstract

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The Meaning of Culture from a Human Rights Approach: The Mandate of the UN Special Rapporteur in the Field of Cultural Rights

Cited by 1 publication

References 0 publications

At the Borderline of Public and Private Law: The Restitution of Cultural Property Held in Public Collections in Hungary

At the Borderline of Public and Private Law: The Restitution of Cultural Property Held in Public Collections in Hungary

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