A/HRC/40/53
equal participation in cultural life for all.16 It is important to recognize these positive
developments.
Freedom of artistic expression and creativity
59.
For expert Ole Reitov, “artistic freedom is no longer a ‘marginalized’ issue in the
‘world of freedom of expression’”.17 As he stated in his submission, the report of the
Special Rapporteur on the right to freedom of artistic expression in 2013 (A/HRC/23/34)
was immediately picked up by several international organizations working for the
protection of artists’ rights, who have continued to use it as a reference point for advocacy
and training.18
60.
Of particular relevance have been the UNESCO global reports monitoring the
implementation of the 2005 Convention on the Promotion and Protection of the Diversity
of Cultural Expressions, which have made the promotion of human rights and fundamental
freedoms one of the four overarching implementation goals for the 140 States parties.19 In
both reports, the monitoring framework explicitly builds on the work of the mandate on the
cultural rights of women (chapter 9) and freedom of artistic expression and creativity
(chapter 10) and core indicators to measure achievements in cultural policies are proposed,
thereby firmly incorporating cultural rights as key indicators.
61.
In its submission for the present report, Freemuse noted how much the mandate had
increased global awareness of the issue of freedom of artistic expression and its relationship
with other human rights.20 While improvements have been made, important gaps remain
regarding the freedom of artistic expression and creativity of persons with disabilities,
women or older persons, for example. One challenge has been that many cultural rights
actors have not incorporated a gender perspective into their work, while many women’s
rights advocates have not considered cultural rights issues. The most recent report by
Freemuse, addressing attacks against women artists, is a good example of how to increase
the visibility of such issues.21
62.
Over the last few years, the number of reported attacks perpetrated by State and nonState actors against those engaging in artistic expression has risen, which is also a reflection
of the increased capacity of organizations to monitor such attacks.22 Protection has likewise
improved, with a growing number of safe haven cities for artists at risk, the inclusion of
artists in protection schemes23 and the adoption in 2015 in Tunis of the Carthage
Declaration on the Protection of Artists in Vulnerable Situations. Other global
organizations such as PEN International and the International Federation of Library
Associations and Institutions regularly use the work of the mandate. The Federation has
integrated artistic freedom and copyright issues as vital complements to freedom of access
to information.24
16
17
18
19
20
21
22
23
24
12
See, for example, the 2018 Appel de Winnipeg pour un pacte culturel mondial and the “Culture
21 actions” self-evaluation method on culture and cultural rights in sustainable development agendas
proposed in 2014 by United Cities and Local Governments, which has played a critical role at the
municipal level.
Ole Reitov submission, para. 13.
Ibid., paras. 6 and 8.
See Re|Shaping Cultural Policies (Paris, UNESCO, 2015 and 2018), available from
https://en.unesco.org/creativity/publications.
Freemuse submission, p. 3.
Creativity Wronged: How Women’s Right to Artistic Freedom Is Denied and Marginalized (2018).
Sarah Whyatt submission, p. 2.
See, for example, the International Cities of Refuge Network and the “Safe havens for artists at risk”
seminar series, which the Special Rapporteur was delighted to attend in 2018, designed to share and
improve practice in this area.
International Federation of Library Associations and Institutions submission, para. 1.3.