The cultural heritage of native communities

Rulings of Argentina Supreme Court of Justice

Authors

  • Claudia Beatriz Sbdar Universidad Nacional de Tucumán

DOI:

https://doi.org/10.18042/cepc/aijc.28.08

Abstract

This paper aims to identify the pronouncements of the Supreme Court of Justice of the Argentine Nation on the protection of the cultural heritage of indigenous communities within the orbit of the constitutional right to a healthy environment. This right has been recognized in Article 41 of the National Constitution, which also establishes the duty to preserve the natural and cultural heritage within the framework of sustainable development, which calls for the satisfaction of economic growth and current needs without compromising the resources and capacities of future generations. The scope of cultural heritage has been modified. It is now understood as the representation of a collective identity and its historical development, a meaning recognized by the jurisprudence of the Argentine Court in the field of environmental protection and respect for ethnic and cultural pre-existence.

Published

2024-07-04