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; acts adopted by referendum; laws; decrees; decisions of the Cabinet of Ministers; and normative acts of central executive bodies. In addition, international agreements, to which the Republic of Azerbaijan is a party, are an integral part of the legislative system of the Republic of Azerbaijan. Individual professional or creative groups can also accept their internal ethical rules following their internal statutes.
The Constitution defines the fundamental rights and freedoms that underlie cultural rights and the very foundations of cultural rights. The Constitution indicates cultural rights and freedoms as the rights to intellectual property, to culture, to education, to national identity, to use native language, to protect honour and dignity, and freedoms of thought and speech, of conscience, of information, and of creative activity. At the same time, the Constitution also defines the fundamental duties of citizens. A noteworthy fact is Article 77 of the Constitution, according to which “Protection of historical and cultural monuments” is one of the fundamental duties of a citizen.
The Law on Culture (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 resources;
- 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 and political beliefs, nationality, social status, social origin, health opportunities, and membership of public associations. The state ensures the equality of cultures, rights and freedoms of peoples and national minorities living in the state’s territory, equality of peoples and national minorities to preserve their culture, determine their cultural identity, and restore, strengthen, and develop their cultural heritage.
Along with this, cultural rights should not go beyond the Prohibitions in the field of culture established by Articles 43 of the Law on Culture (2012). 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, or affiliation to public associations;
- The use of cultural and natural heritage, incompatible with its historical and artistic purpose;
- Copying of cultural values, 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 this paragraph, mention should also be made of the Law on the Rules of Ethical Conduct of Civil Servants (№ 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. As an interesting initiative, developing a draft of the Culture of Behaviour Concept has begun by the Ministry for Culture. In the initial stage of this process, a survey is being conducted to study public opinion.
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