Published online by Cambridge University Press: 06 April 2023
This chapter explores the emergence of a distinct right to artistic freedom in international human rights law. It starts with an exploration of the input of constitutional traditions, as well as State practice and arguments brought by delegates during the drafting process of article 27 of the Universal Declaration of Human Rights with respect to freedom of creativity. It further provides an exhaustive examination of the legal instruments protecting freedom of enjoyment of the arts as an individual right, as well as its collective dimension. In particular, the chapter adopts a twofold approach to artistic freedom, viewed both as a component of freedom of expression (the ‘free speech’ approach) under article 19 of the International Covenant on Civil and Political Rights, and as a cultural right under article 15 of the International Covenant of Economic, Social and Cultural Rights. Finally, the chapter thoroughly explores the scope and institutional protection of artistic freedom in the practice of international and regional human rights bodies (including but not limited to the European Court of Human RIgths), as well as the UN Specialized Agency for Science Education and Culture (UNESCO).
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