A/HRC/23/34 recommendation addresses issues such as freedom of expression, support to artistic creation, artistic education and training, social and labour rights, and intellectual property rights. It stresses that artists shall benefit from the rights and protection provided for in international and national legislation relating to human rights, in particular in the area of freedom of expression and communication (articles III-6 and V 2). 18. States have a duty to protect, defend and assist artists and their freedom of creation (article III-3). They should ensure that artists have the freedom to establish and be a member of trade unions and professional organizations, and should enable organizations representing artists to participate in the formulation of cultural policies and employment policies (article III-4). Artists should be able to participate fully, either individually or through their associations or trade unions, in the life of the communities in which they practise their art, and be associated in the formulation of local and national cultural policies (article III- 7). 19. States should promote the free international movement of artists and not hinder their freedom to practise their art in the country of their choice (articles IV-1 j and k; and VI-8). 20. Furthermore, States should stimulate public and private demand for the fruits of artistic activity in order to increase the opportunities of paid work for artists, inter alia by means of subsidies to art institutions, commissions to individual artists, or the organization of artistic events, and by establishing art funds (article VI-1 c). (b) The Convention on the Protection and Promotion of the Diversity of Cultural Expressions 21. According to article 2 of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, “Cultural diversity can be protected and promoted only if human rights and fundamental freedoms, such as freedom of expression, information and communication, as well as the ability of individuals to choose cultural expressions, are guaranteed. No one may invoke the provisions of this Convention in order to infringe human rights and fundamental freedoms as enshrined in the Universal Declaration of Human Rights or guaranteed by international law, or to limit the scope thereof.” 22. Under article 7, States endeavour to create an environment which encourages individuals and social groups to create, produce, disseminate, distribute and have access to their own cultural expressions as well as to diverse cultural expressions from within their territory as well as from other countries of the world. States shall also endeavour to recognize the important contribution of artists as well as all those involved in the creative process, and their central role in nurturing the diversity of cultural expressions. 23. The Convention – based on the principle that cultural goods and services, as vectors of identity, values and meaning, must not be treated as mere commodities or consumer goods – recognizes the right of States to develop cultural policies that do not necessarily coincide with free market rules. It enhances their capacity to adopt measures necessary for the conservation, the development and the diffusion of culture, as required by article 15 of ICESCR. 3. Standards at the national level 24. As shown in responses to the questionnaire and other information, many constitutions expressly protect the right to “artistic creation” or “artistic creativity”.. Others protect the right to “artistic/creative expression”, “freedom of creation” or of “artistic endeavour”, or of “cultural creativity”, or make reference to “freedom of the arts”. Some 6