A/HRC/23/34 I. Introduction 1. The present report focuses on the right to the freedom indispensable for artistic expression and creativity, protected under articles 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and 19 of the International Covenant on Civil and Political Rights (ICCPR). 2. Art constitutes an important vehicle for each person, individually and in community with others, as well as groups of people, to develop and express their humanity, worldview and meanings assigned to their existence and development. People in all societies create, make use of, or relate to, artistic expressions and creations. 3. Artists may entertain people, but they also contribute to social debates, sometimes bringing counter-discourses and potential counterweights to existing power centres. The vitality of artistic creativity is necessary for the development of vibrant cultures and the functioning of democratic societies. Artistic expressions and creations are an integral part of cultural life, which entails contesting meanings and revisiting culturally inherited ideas and concepts. The crucial task of implementation of universal human rights norms is to prevent the arbitrary privileging of certain perspectives on account of their traditional authority, institutional or economic power, or demographic supremacy in society. This principle lies at the heart of every issue raised in the debate over the right to freedom of artistic expression and creativity and possible limitations on that right. 4. There is no intention to propose a definition of art, or to suggest that additional rights should be recognized for artists. All persons enjoy the rights to freedom of expression and creativity, to participate in cultural life and to enjoy the arts. Expressions, whether artistic or not, always remain protected under the right to freedom of expression. 5. This report aims to understand the challenges and obstacles that impede the flourishing of artistic creativity, and make specific recommendations to overcome them. The approach adopted is broad. The report addresses forms of expression that carry an aesthetic and/or symbolic dimension, using different media including, but not limited to, painting and drawing, music, songs and dances, poetry and literature, theatre and circus, photography, cinema and video, architecture and sculpture, performances and public art interventions, etc., irrespective of whether their content is sacred or profane, political or apolitical, or whether it addresses social issues or not. It recognizes that artistic activity relies on a large number of actors not reducible to the artist per se, encompassing all those engaged in and contributing to the creation, production, distribution and dissemination of artistic expressions and creations. The Special Rapporteur is convinced that freedom of artistic expression and creativity cannot be dissociated from the right of all persons to enjoy the arts, as in many cases restrictions on artistic freedoms aim at denying people access to specific artworks. Hence, removing creative expressions from public access is a way to restrict artistic freedom. Ironically enough, restrictions are often imposed in the name of the public which, however, is prevented from making its own judgement. 6. Artistic expressions and creations come under particular attack because they can convey specific messages and articulate symbolic values in a powerful way, or may be considered as doing so. Motivations for restrictions stem from political, religious, cultural, moral or economic interests, and disturbing cases of violations are found on all continents. 1 1 First World Conference on artistic freedom of expression, Oslo, 25-26 October 2012, http://artsfreedom.org/?p=4057. 3