Legal Guarantee of Cultural Rights Affecting Cultural Planning in Iranian Legal System

The cultural rights is a new branch of the legal studies whose literature have been developed gradually during 1970s as a global spectrum of accepted rights namely from the time when the cultural development was set forwarded in general management issues and national and international level and was noted as a fundamental right by the UN and its affiliated commissions, UNESCO, international and local NGOs and there were taken measures for its recognition and execution in the form of convention approval, resolution and various declarations topped with Freiburg declaration and was defines as a human right to participate in the cultural life, protection of intellectual and material rights, education acquisition, and protecting lingual identity and traditions and customs. However, in the domestic legal level, the legislator has not discussed the cultural right separately and there are few researches performed on this topic. Investigating certain examples mentioned on the cultural rights, it is possible to obtain the legislator’s approach to the cultural rights in the Constitution in the form of people’s rights and certain regulations in the infralegislative level. The main focus of this research was to define the legal obligations of Islamic Republic for obtaining the cultural rights that given the diversity of examples of the cultural rights from one hand and given the priority and significance of some of those examples in the state cultural plans, right of education, right of participating in the cultural society life and freedom of speech will be discussed.