Examining the Effects and Implications of Constitutionalizing Cultural Heritage Rights in the Iranian Legal System

Abstract

Cultural properties—including structures, complexes, sites, historical landscapes, paintings, sculptures, inscriptions, motifs, and ornaments—constitute direct reflections of the intellectual traditions and civilizational values of nations, and their significance from economic, cultural, religious, and archaeological perspectives is highly notable. Using a legal-regulatory analysis and an examination of relevant statutory documents, this study demonstrates that the protection of cultural heritage is not confined to legal dimensions alone, but also entails direct and indirect economic and tourism-related effects, as it facilitates the attraction of domestic and international tourists, the growth of the tourism industry, and the generation of national revenue. Furthermore, these cultural-historical assets, as living and credible documents of national identity, reflect the antiquity, authenticity of civilization, and the socio-cultural and religious history of nations, and in this respect, their role in preserving traditions, norms, and ethical-religious values is undeniable. Another key challenge in the field of cultural heritage protection is the issue of trafficking in antiquities and historical artifacts, which constitutes a serious threat to cultural security and national identity. The relevant laws—comprising criminal penalties, ta'zir punishments, and civil liability—have been enacted to prevent and combat this offense, and the exercise of state sovereignty, including the power to seize, register, and supervise national artifacts, plays an effective role in controlling and reducing these harms. The findings indicate that the exercise of state authority, in addition to ensuring the legal and judicial protection of cultural properties, facilitates sustainable cultural, economic, and social development policies, creating conditions for the continuous and responsible utilization of cultural heritage. Therefore, the legal and cultural protection of historical and cultural artifacts is directly linked to economic development, tourism growth, the preservation of national identity, and the enhancement of the country’s international standing, and the implementation of principles of state sovereignty—especially within the framework of Article 83 of the Constitution—plays a central role in ensuring these objectives. This study emphasizes that only through the convergence of legislation, governmental management, public awareness, and adherence to cultural protection principles can cultural and historical heritage be safeguarded against domestic and foreign threats and its true value strengthened within the social, cultural, and economic spheres of the country.