Applied Human RightsTraditionally, freedom of the arts has been understood as a special category of the civil and political right of freedom
of expression. Indeed, the arts are a very powerful medium of expressing political, philosophical and other opinions. Article
19(2) of the International Covenant on Civil and Political Rights explicitly mentions art as a medium through which “information
and ideas of all kinds” shall be expressed, received, and imparted.
Unless justified
by specific and fairly limited reasons, such as the rights or reputations of others or the protection of public order, health
or morals, censorship of arts or other restrictions on the creation, exhibition and dissemination of arts constitutes a violation
of freedom of expression. In more recent years, artistic creativity and expression was put at the heart of the cultural rights
discourse. Most importantly, the right to take part in cultural life and to enjoy the benefits of artistic production in Article
15 of the International Covenant on Economic, Social and Cultural Rights gained increased attention with the creation of the
UN Expert and later Special Rapporteur in the Field of Cultural Rights by the UN Human Rights Council in 2009 and 2012. The
lecture will provide a short introduction to the relevant legal instruments protecting freedom of the arts and explore the
limits of artistic freedom by way of selected examples. It will also discuss the risks of artists involved as human rights
defenders (“artivists”) in the current political climate in different parts of the world.
