Artistic freedom

Artistic freedom can be defined as "the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors." Generally, artistic freedom describes the extent of independence artists obtain to create art freely. Moreover, artistic freedom concerns "the rights of citizens to access artistic expressions and take part in cultural life—and thus one of the key issues for democracy."
The extent of freedom to create art differs depending on national instruments established to protect, promote, control or censor artists and their creative expressions. Universal, regional and national legal provisions exist to guarantee the right to freedom of expression in general, and of artistic expression in particular. In 2013, Ms Farida Shaheed, United Nations special rapporteur to the Human Rights Council, presented her "Report in the field of cultural rights: The right to freedom of expression and creativity" providing a comprehensive study of the status quo of, and specifically the limitations and challenges to, artistic freedom worldwide. In this study, artistic freedom "was put forward as a basic human right that went beyond the 'right to create' or the 'right to participate in cultural life'." It stresses the range of fundamental freedoms indispensable for artistic expression and creativity, e.g. the freedoms of movement and association. "The State of Artistic Freedom" is an integral report published by arts censorship monitor on an annual basis.

Definition of artistic freedom

Repeatedly, the terms artistic freedom and freedom of artistic expressions are used as synonyms. Their underlying concepts "art", "freedom" and "expression" comprise very vast fields of discussion: "Art is a very 'subtle'—sometimes also symbolic—form of expression, suffering from definition problems more than any other form." As a result, "t is almost impossible to give a satisfying definition of the concept art. It is even more difficult to define the concepts artistic creativity and artistic expression." UNESCO's 2005 Convention on the Diversity of Cultural Expressions defines cultural expressions as "those expressions that result from the creativity of individuals, groups and societies, and that have cultural content" while the latter "refers to the symbolic meaning, artistic dimension and cultural values that originate from or express cultural identities." In the context of the freedom of expressions, "he word expression in the first instance refers to verbalisation of thoughts." Freedom of artistic expression "may mean that we have to tolerate some art that is offensive, insulting, outrageous, or just plain bad. But it is a small price to pay for the liberty and diversity that form the foundation of a free society." Officially, UNESCO defines artistic freedom as "the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors. It includes the right of all citizens to have access to these works and is essential for the wellbeing of societies." UNESCO puts forth that "artistic freedom embodies a bundle of rights protected under international law." These include:

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.
Legal frameworks to protect and promote artistic freedom

Legal frameworks to protect and promote artistic freedom reflect the conviction that "ulture constitutes one process of, and space for, democratic debate. The freedom of artistic expression forms its backbone. There is compelling evidence that participation in culture also promotes democratic participation as well as empowerment and well-being of our citizens." Farida Shaheed wrote: "Artists may entertain people, but they also contribute to social debates, sometimes bringing counter-discourses and potential counterweights to existing power centres." Moreover, she emphasized that "the vitality of artistic creativity is necessary for the development of vibrant cultures and the functioning of democratic societies. Artistic expressions and creations are an integral part of cultural life,which entails contesting meanings and revisiting culturally inherited ideas and concepts." According to, "opulists and nationalists, who often portray human rights as a limitation on what they claim is the will of the majority, are on the rise globally. As this phenomenon rises, artists continue to play an important role in expressing alternative visions for society." This is why "artists are sometimes responsible for radical criticism." As a result, artistic expressions and artists are suffering censorship and violations worldwide.

Artists are among the first to be silenced by repressive regimes: the poets, playwrights and painters who challenge the status quo are often lone workers, and as such easy targets for an authoritarian state or violent oppressor. When their views fail to accord with the mainstream, the artist is also vulnerable to the censorship of the mob.

Thù" shows that "t is not only governments violating the right to artistic freedom. 2016 saw a worrying amount of actions by non-state actors, ranging from militant extremists to peaceful community groups, against art and artists. In some instances, authorities censored artists based on requests or the interference from civil society groups." Based on this development, "ajor sources of international law across the board recognize freedom of artistic creativity explicitly, or implicitly, as an inherent element of the right to freedom of expression. In these instruments, the individual right to express ideas creatively is often irrevocably linked with the right to receive them." The growing importance of artistic freedom as a specific right is reflected by the introduction of the role of the UN Special Rapporteur in the field of culture in 2009, and other rapporteurs, notably the Special Rapporteur on freedom of expression.

UN instruments

Artistic freedom as a specific right

According to Farida Shaheed, the most explicit legal provisions protecting the right to the freedom indispensable for artistic expression and creativity are the following:

Article 15 of the International Covenant on Economic, Social and Cultural Rights : States "undertake to respect the freedom indispensable for... creative activity";
Article 19 of the International Covenant on Civil and Political Rights : "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information in the form of art, or through any other media of his choice."
Article 13 and 31 of the Convention on the Rights of the Child;
Article 13 of the American Convention on Human Rights ;
Article 14 of the ACHR Protocol in the area of Economic, Social and Cultural Provisions;
Article 42 of the Arab Charter on Human Rights;
Article 27 of the Universal Declaration of Human Rights : the universal right "to enjoy the arts";
Article 49 of the Case of Karataş v. Turkey by the European Court of Human Rights emphasizes that the " affords the opportunity to take part in the public exchange of cultural, political and social information and ideas of all kinds. Those who create, perform, distribute or exhibit works of art contribute to the exchange of ideas and opinions which is essential for a democratic society. Hence there is an obligation on the State not to encroach unduly on the author's freedom of expression."

In September 2015, 57 UN Member States reaffirmed the right to freedom of expression including creative and artistic expression through a joint statement. Additionally, in 2015, the Carthage Declaration on the Protection of Artists in Vulnerable Situations was adopted in Tunis.

Artistic freedom as a pillar of the right to freedom of expression

The following legal instruments do not specifically mention artistic freedom but rather understand it as a pillar of freedom of expression in general related to freedom of thought, conscience and religion. They aim to guarantee the right to freedom of expression or the right to participate in cultural life without specific reference to the arts.

Article 19 of the Universal Declaration of Human Rights ;
Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms;
Article 9 and 17 of the African Charter on Human and Peoples' Rights;
Article 32 of the Arab Charter on Human Rights;
The right "to seek and develop cultural knowledge and expressions and to share them with others, as well as to act creatively and take part in creative activity" formulated by the Committee on Economic, Social and Cultural Rights;
Article 10 of the European Convention on Human Rights.
UNESCO instruments

1980 UNESCO Recommendation Concerning the Status of the Artist

Artistic freedom first appeared as a distinct right in UNESCO's 1980 Recommendation concerning the Status of the Artist underlining "the essential role of art in the life and development of the individual and of society' and the duty of States to protect and defend artistic freedom." Although not a binding instrument, the Recommendation is an important reference in defining artists' rights across the spectrum worldwide. The 1980 Recommendation serves as a reference for policy development and as a basis for new formulations of cultural policies:

Member States, recognizing the essential role of art in the life and development of the individual and of society, accordingly have a duty to protect, defend and assist artists and their freedom of creation. For this purpose, they should 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 fulfill their mission, and to improve their status by acknowledging their right to enjoy the fruits of their work.