CNJUR: Architects and their legal function: key issue for Habitat III.

CNJUR: Architects and their legal function: key issue for Habitat III.

Architects throughout urban management processes become experts with legal, non technical roles. Such change of vision imposes a profound knowledge of legal issues that applies to the processing of licences and permits related to construction and installation. The responsibility of engineers and construction managers is not moral or technical, but predominantly legal. Which is why professionals of architecture, urbanism and engineering have to be experts in law, without necessarily being lawyers. 

This issues were discussed during the events Legal Training towards Habitat III, carried out by the International Association of Urbanistic Jurisprudence (CNJUR International), UN Habitat, the Federation of Architects Associations of the Mexican Republic (FCARM), and the Architects associations of the cities of León, Zacatecas, Tecate and Morelia, among others as part of the activities of the World Urban Campaign My City My Choice: Legal Course towards Habitat III. 

When experts and construction managers sing for the validation of projects, they are at risk of violation of human rights to property, healthy environment, health, legal safety, urban environment and culture under the frameworks of instruments and international treaties of their clients as well as of residents of human settlements who could be affected by edification, change of use of land or projects of public and private nature. Therefore in legal processes of rebuttal, experts and construction managers become a figure comparable to public authorities when participating and validating projects with their signatures, which are confirmed by local authorities through the issue of licences and permits, that like it has been mentioned before could violate human rights of individuals or communities.

Legal knowledge and above all legal arguments must be key issues in the formation and training of urban authorities, as well as of experts and construction managers, because in light of the new systems of criminal, civil, and administrative liability; and of constitutional litigation, professionals of the cities and vulnerable in cases of conflict in which their signatures result involved.   

There have not yet been made important pronouncements regarding the importance of the legal framework in the professional exercise of construction managers, who will become key stakeholders so that the principles of the New Urban Agenda generate a real balance an urban justice. The first step is the generation of integral awareness.

Article by CNJUR
Photo Credits: CNJUR (CC)