ARTISTIC FREEDOM Freedom of expression is a key right protected by international human rights instruments that protect fundamental freedoms. Thus – in principle – all persons enjoy the rights to freedom of expression and creativity, to participate in cultural life, and to enjoy the arts. Artists do not enjoy additional rights, but artistic freedom is recognized as falling under the category of freedom of expression and is thus similarly protected and guaranteed. International law has protected these rights since the late 1940s, with the promulgation of the Universal Declaration on Human Rights. As previously mentioned, the 2005 Convention specifically mentions that “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.” But as we know, these rights are violated all over the world and negatively affect artists, cultural producers, and institutions, as well as the public. There is no universal definition of ‘artistic freedom’, nor is there a universal definition of ‘artist’. However, since 1980, the term ‘artistic freedom’ or ‘freedom of artistic expression’ has increasingly been used in discourses within the United Nations and by organizations and institutions documenting, discussing, and advocating artists’ rights to freedom of expression. The UNESCO 1980 Recommendation concerning the Status of the Artist12 takes a holistic view of artists’ rights. This is also reflected in the UNESCO 2005 Convention, which incorporates artistic freedom as an essential goal in the monitoring framework. Thus, in the UNESCO definition of artistic freedom, these rights include several additional rights and can be summarized as: • the right to create without censorship or intimidation; • the right to have artistic work supported, distributed, and remunerated; • the right to freedom of movement; • the right to freedom of association; • the right to the protection of social and economic rights; • the right to participate in cultural life. The Recommendation stipulates that governments must take: “all necessary steps to stimulate artistic creativity and the flowering of talent, in particular by adopting measures to secure greater freedom for artists, without which they cannot fulfil their mission, and to improve their status by acknowledging their right to enjoy the fruits of their work.” 12 https://en.unesco.org/creativity/governance/status-artist 17