A/HRC/44/49/Add.2
I. Introduction
1.
This research report accompanies the Special Rapporteur’s thematic report to the 44th
Session of the Human Rights Council (A/HRC/44/49. The COVID-19 pandemic has
disrupted artistic creation, production, distribution and access. As we observe the impact of
a public health crisis, it may also be a moment to reflect on and condemn the many forms of
repression of artistic freedom outside of crisis – the censorship that denies communities
access to cultural or religious art, the blasphemy laws that interfere with creative
consideration of questions of conscience and belief, the targeting of political cartoonists and
cultural activists, the denial of space for theatrical events and the arbitrary arrest of
playwrights and actors and directors, the assaults of LGBTQI persons challenging legal
restrictions on gender identity, and so on.
2.
The Special Rapporteur, often in collaboration with the Special Rapporteur in the field
of cultural rights, has addressed communications to Governments concerning repression of
artists and held various expert meetings that have informed the content of this research note.
On 17 April 2017, the Special Rapporteur co-hosted international artists and experts in Los
Angeles to discuss artistic freedom. On 23 October 2019, the Special Rapporteur participated
in an expert consultation organized by PEN America and Freemuse in New York. Finally,
the research in this report benefits from the information provided through a call for
submissions issued on 2 December 2019, and that requested input from individuals and
organizations familiar with or confronted by restrictions on artistic freedom.1
3.
This research report begins with a discussion of the legal framework applicable to
artistic freedom of expression and then addresses the ways in which States and other actors
often fail in their obligations or responsibilities to promote and protect freedom of opinion
and expression. It is meant to highlight a variety of concerns; it is not meant to address all
rights of artistic freedom, many of which have been addressed by other Special Procedures
and international human rights mechanisms. (It does not, for instance, address the ways in
which copyright law often interferes with artistic expression, a subject addressed
substantially elsewhere2.) Far from exhaustive, this research, it is hoped, will help artists,
audiences and advocates defend their specifically artistic rights to free expression and guide
States in better promoting and protecting them.
II. Legal framework for artistic freedom of expression
A.
Components of the rights to artistic expression
4.
From its earliest codification in international human rights law, the freedoms of
opinion and expression have been broadly framed and understood as robust statements of
rights that are essential to democratic society. The freedom of opinion under Article 19 of
both the Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights (ICCPR) is an absolute right, not subject to any interference. Article 19 of
the Universal Declaration also promises protection of the right to seek, receive and impart
information and ideas through any media, while Article 19(2) of the ICCPR expressly
provides that the right includes expression “orally, in writing or in print, in the form of art,
or through any other media”.3
1
2
3
The Special Rapporteur wishes to thank his legal adviser, Sofía Jaramillo Otoya, and students at the
International Justice Clinic at the University of California, Irvine, School of Law.
See, e.g., Letter of the Special Rapporteur to the European Commission concerning the draft
copyright directive, OL OTH 41/2018, 13 June 2018; Report of the Special Rapporteur in the field of
cultural rights, Copyright policy and the right to science and culture, A/HRC/28/57, 24 December
2014.
In the first session of the drafting committee for Article 19 the language proposed protected
expression “in the form of art”, which remained intact in the final version. Marc J. Bossuyt, Guide to
the “Travaux Préparatoires” of the International Covenant on Civil and Political Rights (1987), p.
373.
3
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