Here you have a small summary of the analysis of the situation of cultural heritage and interventions in public spaces in Spain. In the e-Book of the project you will find more information about it.

The Spanish Constitution declares that “public authorities shall promote and watch over culture, to which all are entitled” (Art. 44.1) and “shall guarantee the preservation and promote the enrichment of the historical, cultural and artistic heritage of the peoples of Spain (…). The criminal law shall punish any offenses against this heritage” (Art. 46).

The law 16/1985, of June 25, on Spanish Historical Heritage aims to ensure “the protection, growth and transmission to future generations of Spanish Historical Heritage”. The legal instrument created to protect Spanish Historical Heritage is called “Bien de Interés Cultural”, which replaced the former category in order to extend protection to a wider range of cultural property. The category has been translated as “Cultural Interest Asset” or “Good of Cultural Interest”. It includes not only material heritage (movable or non-movable) but also intangible heritage.

However, in Spain, Autonomous Communities maintain their own regulations and registers of cultural heritage, resulting in the existence of differences in approach.

The Statute of Autonomy for Andalucía recognizes an exclusive responsibility on culture and among its guiding principles that can be found in article 37, we have: “free access of all persons to culture and respect for cultural diversity” (p. 17) and “the preservation and revaluation of the Andalusian cultural, historical and artistic heritage, particularly Flamenco” (p. 18).

Spain signed the World Heritage Convention in 1982 and in 1985 five Spanish Sites were recognized as World Heritage, two of them being in Andalusia. Nowadays in Andalusia there are eight sites (seven exclusive and one shared with other Autonomous Communities), the Antequera Dolmens Site being the only one in the Province of Málaga. It includes three cultural monuments (the Menga and Viera dolmens and the Tholos of El Romeral) and two natural monuments (the Peña de los Enamorados and El Torcal mountainous formations).

Regarding the use of public space, the Spanish Constitution recognises “the right to peaceful unarmed assembly (…). The exercise of this right shall not require prior authorization. In the case of meetings in public places and of demonstrations, prior notification shall be given to the authorities, who can only forbid them when there are well founded grounds to expect a breach of public order, involving danger to persons or property” (Article 21). The notification must be made between 30 and 10 days before or minimum 24 hours before, if urgent. The Organic Law 4/2015 states that “the agents of the Security Forces may limit or restrict the circulation or permanence in public roads or places and establish security zone in cases of alteration of citizen security or peaceful coexistence”, whilst the Spanish Constitution underlines that “the public authorities shall promote conditions for the free and effective participation of young people in political, social, economic and cultural development” (Article 48).

At local level, each City Council has ordinances for regulating the use of public space.

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