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.
