A/HRC/23/34
7.
The issue of violations of artistic freedom should be addressed more
comprehensively by intergovernmental organizations. Media attention to cases of a few
prominent artists tends to eclipse the reality lived by many people engaged in artistic
activities around the world. Initiatives such as the establishment of safe cities for artists2
and the enhanced development of networks between artists and human rights defenders 3
need to be supported.
8.
In order to collect the views of States and other stakeholders, the Special Rapporteur
disseminated a questionnaire on the right to artistic freedom. Responses were received from
28 States and 23 other stakeholders (annex I). The Special Rapporteur convened an experts’
meeting on the issue on 4 and 5 December 2012 (annex II), and a public consultation on 6
December 2012. The Special Rapporteur is grateful to all those who contributed.
II. Legal framework
A.
Protection in universal, regional and national instruments
1.
Universal and regional human rights instruments
9.
The most explicit provisions protecting the freedom of artistic expression and
creativity are to be found in article 15 (3) of ICESCR, under which States “undertake to
respect the freedom indispensable for…creative activity” and in article 19 (2) of ICCPR,
which states that the right to freedom of expression includes the freedom to seek, receive
and impart information and ideas of all kinds “in the form of art”. Articles 13 and 31 of the
Convention on the Rights of the Child, article 13 (1) of the American Convention on
Human Rights and article 14 of its Protocol in the area of Economic, Social and Cultural
Rights, and article 42 of the Arab Charter for Human Rights also contain such explicit
provisions. In addition, under article 27 of the Universal Declaration of Human Rights
(UDHR), everyone has the right “to enjoy the arts”.
10.
Implicit provisions encompass those guaranteeing the right to freedom of expression
or the right to take part in cultural life without specific reference to arts or creative
activities. Relevant provisions include article 19 of the UDHR, article 10 of the European
Convention for the Safeguard of Human Rights and Fundamental Freedoms, articles 9 and
17 of the African Charter on Human and Peoples’ Rights, and article 32 of the Arab Charter
for Human Rights. The Committee on Economic, Social and Cultural Rights has stressed
that the right to take part in cultural life entails rights of participation in, access to, and
contribution to cultural life, and encompasses the right of everyone “to seek and develop
cultural knowledge and expressions and to share them with others, as well as to act
creatively and take part in creative activity.”4
11.
Other important provisions linked to artistic freedoms relate to the right to freedom
of opinion, and freedom of thought, conscience and religion, since art is also a means of
expressing a belief and developing a world vision. For many people, the experience of the
aesthetic dimensions of life is intimately connected to the sacred or divine. The right to
artistic freedom also relates to (a) the right of peaceful assembly; (b) the right to freedom of
association, including the right of artists and creators to form and join trade unions; (c) the
2
3
4
4
See in particular International Cities of Refuge Network, http://www.icorn.org/; freeDimensional,
http://freedimensional.org/; and Mapping of temporary shelter initiatives for Human Rights Defenders
in danger in and outside the EU, Final Report, February 2012.
See in particular The Arts and Freedom of Expression Network, http://artsfex.org.
E/C.12/GC/21, para. 15 (a).