La defensa del derecho al patrimonio cultural desde el Tribunal Constitucional

Abstract

The Constitutional Court’s role has been crucial for the recognition, development and protection of cultural heritage as a fundamental right in Costa Rica. In the legal world, it is not of much value to recognize rights, if sanctions and courts of justice are not set parallel in case of their violation. “¡Where there is not remedy, there is not right!”.

Following this logic, the Constitutional Court has stated that the right to cultural heritage is a “third generation fundamental right.” This means, among other things, that the State has an obligation not only to ensure compliance, by force if necessary, but also to adopt public policies for its development and enjoyment of the people.