Document Type : Research/Original/Regular Article
Authors
1
Ph.D. Student in International Law, Department of Public and International Law, Faculty of Law, Theology and Political science, Islamic Azad University, Science and Research Branch Tehran, Iran.
2
Assistant Professor, Department of Public International Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
10.22106/jlj.2026.2074004.6398
Abstract
The musical freedom of expression, as one of the most influential and abstract forms of expression, is protected under both the International Covenant on Civil and Political Rights (ICCPR) as a first-generation right and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) as a second-generation right. In effect, musical expression can be manifested as an aspect of the right to freedom of expression. It can also be considered a component of cultural rights in art. Nevertheless, governmental bodies have restricted and, in many cases, violated the free expression of music through two primary methods: censorship and supervision, arguing that the right to freedom of expression is not absolute under international human rights instruments. This article, utilizing a descriptive-analytical methodology based on library research, seeks to determine which method is compatible with human rights standards and to analyze the approach of the Iranian legal system. The analysis of international instruments, doctrine, and the practice of human rights bodies indicates that the appropriate approach to free musical expression is subsequent supervision, not prior censorship or intervention. However, this standard is not observed in Iranian law, where censorship and supervision are applied maximally to free musical expression.
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