On the Need To Protect Cemeteries and Memorials in Europe

Abstract

The issue of the protection of cemeteries and memorials is fundamental from a legal and historical perspective because it often touches on sensitive issues of complex and tragic past events. However, it is imperative that the remembrance of burial sites and memorials is nurtured and protected. This involves two aspects. The first is the personal well-being of relatives who are buried at a particular place or whose memory is cultivated at a particular place. The second concerns the sense of identity of a given people and awareness of their traditions, cultural values, and history. Therefore, it seems necessary to reflect on the extent to which international instruments, such as the Convention on the Protection of the World Cultural and Natural Heritage, support the protection of cemeteries and places of remembrance. It is also necessary to analyze the interactions between international regulations and national law solutions. Finally, it is worth considering whether this twofold nature of protection is compelling or requires the formulation of de lege ferenda conclusions for both or one of the systems.