A/HRC/23/34 right to benefit from the protection of the moral and material interests resulting from any literary or artistic production of which a person is the author; and (d) the right to leisure. 12. Provisions are to be implemented without any discrimination of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as stated in article 2 of ICESCR and ICCPR. Article 5 (e) (vi) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 13 (c) of the Convention on the Elimination of All Forms of Discrimination against Women, articles 43 and 45 of the Convention on the Protection of the Rights of Migrant Workers and Members of Their Families, and article 21 of the Convention on the Rights of Persons with Disabilities, stress that all persons, irrespective of their specific situation or status have the right to freedom of artistic expression and creativity. 13. Article 27 of ICCPR is crucial for guaranteeing the artistic freedoms of persons belonging to ethnic, religious or linguistic minorities. Particular attention must also be paid to article 31 of the Declaration of the Rights of Indigenous Peoples. 14. Important positive obligations devolve on States. Under article 15 (2) of ICESCR and article 14 of the San Salvador Protocol, States must adopt steps necessary for the conservation, the development and the diffusion of culture, which includes arts. Article 30 of the Convention on the Rights of Persons with Disabilities calls for measures providing persons with disabilities the opportunity to develop and utilize their creative, artistic and intellectual potential. Article 42 of the Arab Charter for Human Rights stresses that States shall work together and enhance cooperation among them at all levels, with the full participation of intellectuals and inventors and their organizations, in order to develop and implement recreational, cultural and artistic programmes. 15. Few decisions in the United Nations system relate to artistic freedom. In its Communication 926/2000 of 2004, concerning a painter, Hak-Chul Shin, who had been convicted for a painting deemed to be an “enemy-benefiting expression” contrary to the National Security Law, the Human Rights Committee found that the Republic of Korea had violated article 19 of ICCPR. The Working Group on Arbitrary Detention, it its Opinion 32/2011, declared that Lapiro de Mbanga, a famous Cameroonian musician and composer, had been arbitrarily detained for the legitimate exercise of his right to freedom of expression. 16. Some court decisions have also been adopted at the regional level, particularly by the European Court of Human Rights. 5 At least on one occasion, the Inter-American Court on Human Rights adopted a decision relating to artistic freedom. 6 Relevant UNESCO instruments7 2. (a) Recommendation concerning the status of the artist 17. The underlying principle of the 1980 United Nations Educational, Scientific and Cultural Organizational (UNESCO) Recommendation Concerning the Status of the Artist is that Governments should help to create and sustain a climate encouraging freedom of artistic expression and the material conditions facilitating the release of creative talents. The 5 6 7 Council of Europe, “Cultural rights in the case-law of the European Court of Human Rights”, January 2011, http://www.echr.coe.int/NR/rdonlyres/F8123ACC-5A5A-4802-86BE8CDA93FE58DF/0/RAPPORT_RECHERCHE_Droits_culturels_EN.pdf. “Last temptation of Christ”, Chile, 5 February 2001. See UNESCO’s input to the Consultation on the right to artistic freedom. 5