The Right to Culture in Modern Constitutionalism and Georgia’s Legal Framework
DOI:
https://doi.org/10.60131/jlaw.1.2026.11869Keywords:
right to culture, constitutionalism, human rights, cultural diversity, cultural heritage, Constitution of Georgia, UNESCO, cultural policy.Abstract
The present article examines the constitutional significance of the right to culture
in modern constitutionalism and its role in the development of a democratic state
governed by the rule of law and founded on social principles. The right to culture is
understood not merely as one of the fundamental human rights, but also as a
constitutional value that safeguards personal identity, dignity, freedom of self-
expression and the opportunity to participate fully in cultural life. The study is based on
an analysis of contemporary constitutional theory, international human rights law, the
European legal space and Georgia’s legal system.
Particular attention is devoted to the theoretical and legal foundations of the right
to culture, the State’s positive obligations concerning the protection and development of
cultural heritage, and the issues of ensuring cultural diversity, creative freedom and
equal access to cultural goods. The place of the right to culture within Georgia’s
constitutional order is also examined.
The study also focuses on the challenges of the contemporary era, including
problems concerning the protection and realisation of cultural rights in the context of
globalisation, digital transformation, cultural integration and technological progress. In
conclusion, it is argued that the right to culture constitutes one of the most important
constitutional foundations of the free development of the individual, the strengthening of
democratic culture, social integration, the protection of cultural diversity and the
sustainable development of the State, while its effective implementation within
Georgia’s legal framework constitutes an essential precondition for strengthening the
rule of law and democratic society.
References
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