A/HRC/37/55 to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through the media of [their] choice”. All persons, without discrimination, enjoy the right to freedom of artistic expression and creativity, which includes the right to freely experience and contribute to artistic expressions and creations through individual or joint practice, to have access to and enjoy the arts, and to disseminate their expressions and creations, as part of the right to participate in cultural life. This also includes the right of individuals and groups, through their artistic and cultural expression, to contribute to social debates, challenge assumptions about accepted beliefs and revisit culturally inherited ideas and concepts. 7 19. Controversial works are not excluded from the right to freedom of expression. 8 However, article 20 of the International Covenant on Civil and Political Rights states that any propaganda for war, as well as any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, shall be prohibited by law. 9 The socially engaged actions in the field of culture discussed in the present report are understood to be those which comply with such standards. 20. Protection of freedom of expression, including expression through the arts, is especially significant for those artists and cultural workers who are contributing to addressing intolerance and exclusion or rebuilding trust in deeply divided societies and in the aftermath of human rights violations or violence because their cultural productions are likely to be controversial, both to those whose understanding of the world is defined by single, often rigid narratives as well as to members of institutions, Governments or nonState actors who might prefer to leave past atrocities unexamined and unexplored. 21. While limitations to freedom of expression and artistic expression are allowed, they must meet the high threshold of article 19 (3) of the International Covenant on Civil and Political Rights and must be for the sole purpose of promoting general welfare in a democratic society.10 In particular, decision makers, including lawmakers and judges, when resorting to possible limitations to artistic freedoms should take into consideration the nature of artistic creativity (as opposed to its value or merit) as well as the right of artists to dissent, to use political, religious and economic symbols as a counter-discourse to dominant powers and to express their own belief and world vision. 11 22. Hateful ideologies, including diverse forms of fundamentalism and extremism, represent grave threats to human rights and their universality in general and to cultural rights and respect for diversity in particular.12 Ideologies based on monolithic world views and enmity toward “the other”13 divide societies between those who adhere to the advocated mindset and all the others, who are not to be tolerated. Full implementation of cultural rights is a critical tool to counter the rise of these ideologies. Investments in the field of culture and in the conditions that allow people to learn, develop their creativity, experience the humanity of others and exercise their critical thinking are necessary to create cultural democracies and foster civic engagement.14 23. In the aftermath of trauma or violence, including terrorism, and in deeply divided societies, one important element of constructing relationships of trust is addressing legacies of past violence. Processes of memorialization, reconciliation and historical narratives, depending on how they are crafted, can either maintain divisions in society or contribute to 7 8 9 10 11 12 13 14 6 See A/HRC/23/34, para. 3. Ibid., para. 38. Note the discussion of related issues in A/HRC/23/34, para. 31. International Covenant on Civil and Political Rights, art. 19 (3); and International Covenant on Economic, Social and Cultural Rights, art. 4. See also the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (A/HRC/22/17/Add.4). See A/HRC/23/34, para. 89 (d). See A/HRC/34/56, para. 94; and A/72/155. See A/HRC/34/56, paras. 3–4. Ibid., paras. 19 and 25.