Fundamental rights, including cultural rights, in the Republic of Azerbaijan are defined within the legislative system, consisting of the following normative-legal acts: the Constitution of the Republic of Azerbaijan (No.00 of November 12, 1995); acts adopted by referendum; laws; decrees of the President of the Republic of Azerbaijan; decisions of the Cabinet of Ministers of the Republic of Azerbaijan; normative acts of central executive bodies. Additionally, international agreements to which the Republic of Azerbaijan is a party are integral to the country’s legislative system. Individual professional or creative groups can also establish their own internal ethical rules, as outlined in their internal statutes.
The Constitution defines the fundamental rights and freedoms that underlie cultural rights and serves as the foundation for these rights. The Constitution enshrines cultural rights, including rights to intellectual property, culture, education, national identity, the use of one’s native language, and the protection of honour and dignity. Constitutional freedoms are freedom of thought, speech, conscience, information, and creative activity. At the same time, the Constitution defines the fundamental duties of citizens. A noteworthy fact is Article 77 of the Constitution, which states, “Every citizen shall have the duty to protect historical and cultural monuments.”
The Law on Culture (No.506-IVQ of December 21, 2012), in more detail, dwells on cultural rights, the definition and regulation of which is devoted to an entire Chapter 3 (“Main human and civil rights in the field of culture”) and such articles as:
- The right to participate in cultural life;
- The right to cultural identity;
- Freedom of creativity;
- The right to cultural activities abroad;
- Property rights in the field of culture;
- Foreign trade in cultural assets;
- The right to entrepreneurship in the field of culture;
- The right to use cultural institutions and cultural property;
- The right to education in the field of culture;
- Non-governmental organisations in the field of culture; and
- Freedom of information in the field of culture.
The law provides that everyone’s rights and freedoms in the field of culture in the Republic of Azerbaijan are guided by the principles and norms of international law. Therefore, the state guarantees everyone the right to exercise their rights and freedoms in the field of culture, regardless of gender, race, language, religion, political beliefs, nationality, social status, social origin, health, opportunities, and membership in public associations. The state ensures the equality of cultures, rights, and freedoms of peoples and national minorities living within its territory, as well as the equality of peoples and national minorities in preserving their culture, determining their cultural identity, and restoring, strengthening, and developing their cultural heritage. Additionally, cultural rights should not exceed the Prohibitions in the field of culture established by Article 43 of the Law on Culture. Therefore, the following actions are not allowed in the area of culture:
- To conduct propaganda that may harm the independence, sovereignty, territorial integrity, constitutional order, economic, defence, scientific and technical potential and national interests of the Republic of Azerbaijan;
- To hold cultural events aimed at propagating and promoting war, social, racial, national, religious, class and generational superiority;
- To hold cultural events aimed at calling for the promotion and encouragement of violence, pornography and drugs;
- Illegal export of samples of national cultural heritage from the territory of the Azerbaijan Republic;
- Restriction of fundamental human and civil rights and freedoms in the field of culture, regardless of race, nationality, religion, language, social origin, the position of service, beliefs, and affiliation to public associations;
- The use of cultural and natural heritage incompatible with its historical and artistic purpose;
- Copying of cultural values and their use for tourism, excursion and advertising purposes without the consent of the owner or user;
- Demolition, destruction, fragmentation, reorganisation, relocation and change of appearance of cultural values.
In the context of the paragraph, mention should also be made of the Law on the Rules of Ethical Conduct of Civil Servants (No.352-IIIQ of May 31, 2007), which explicitly obliges civil servants (including those in the field of culture) to adhere to professional, ethical, and cultural behaviour.
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