The Freedom of Archaeological Research: Archaeological Heritage Protection and Civil Rights in Austria (and Beyond)

Archaeologists like to think that heritage protection laws serve the purpose of protecting all archaeology from damage. Thus, provisions like that of §11 (1) Austrian Denkmalschutzgesetz or Art. 3 i-ii of the Valletta Convention are interpreted as a blanket ban on archaeological fieldwork ‘unauthorized’ by national heritage agencies, and a general prohibition against archaeological field research by non-professionals. The Austrian National Heritage Agency, the Bundesdenkmalamt, interprets the Austrian law in this way. Using the Austrian example as a case study, this paper demonstrates that this interpretation must be wrong, since, if it were true, it would revoke a fundamental civil right enshrined both in the Austrian constitution and the Charter of Fundamental Rights of the European Union: the unconditional freedom of research, which applies to archaeological field research as to any other kind of academic research, and extends equally to every citizen.