Document Type : Original Article
Highlights
Extended abstract
Cultural rights in a broad interpretation include all civil, political, economic and social rights related to culture. In this scope, the right to existence, freedom of religion, right to freedom of speech, right to education, right to self-determination and right to enjoy fair trial standards are cultural rights. Cultural rights is one of the most central and at the same time most challenging concepts raised in the field of cultural and legal studies. Dispersion of laws and regulations, conceptual and factual ambiguity, governments' concern that the explanation of cultural rights will lead to the encouragement of minority groups for separatist tendencies, and ideological and budget considerations are among the reasons that cultural rights are under titles such as It places the "realized neglect category" or "underdeveloped category".
One of the prescribed authorities established by the legal document approved by the Supreme Council of the Cultural Revolution and the Ministry of Culture and Islamic Guidance is the "Committee for the Affairs of Cultural Centers". There are disciplinary penalties.
The "Cultural Center Affairs Board" sometimes acts as a diagnostic authority in the field of licensing of cultural institutions. Diagnostic competencies in administrative law are opposite to mandatory competencies. It also means that the law has left the administrative authority free to choose decision-making methods, in such a way that the administrative authority has margins of evaluation or power of maneuver. In fact, diagnostic competence is "freedom of choice" and selection of administrative authority.
Sometimes, the "Cultural Center Affairs Board" as a dedicated administrative court, applies various disciplinary actions and punishments. The many powers of this board in the field of cultural issues and the vagueness of the founding document cause the rights of the audience and clients to this board to be violated in some cases. Issuing general and negative decisions by this board in cultural affairs is in conflict with the principle of cultural tolerance and the strict view of this board is in conflict with existing requirements regarding cultural rights.
Culture and cultural rights are intrinsically fluid and changeable. In the field of generations of human rights, cultural rights, unlike their counterparts, have not progressed much. This has caused cultural rights to be viewed with suspicion. In practice, these rights have many ambiguities. On the one hand, in the space of domestic law, we are faced with the multiplicity of decision-making and policy-making authorities regarding the way cultural institutions operate. On the other hand, the multitude of administrative regulations, especially in the issue of licensing cultural institutions, confuses and confuses the audience.
In this article, we examined the position of the board for dealing with the affairs of cultural centers. This authority sometimes acts as a dedicated administrative court and sometimes has decision-making authority as a diagnostic authority. In both models, administrative proceedings in the cultural field have obstacles and limitations that cause it to deviate from the desired model of proceedings. Solutions have been provided to improve the performance of the Cultural Center Affairs Board as an administrative authority. The most important point in the handling of cultural affairs by the authorities in the Ministry of Islamic Guidance and Culture is to pay attention to the concept of culture, the variability of this phenomenon and the specific requirements of cultural rights.
