4 - Positive Obligations in Relation to Artistic Freedom

Summary

This chapter explores the positive obligations accompanying artistic freedom, and discusses the linkages between artistic freedom and ‘participation’ in cultural life under article 15 ICESCR. It focuses in particular on obilgations related to effective judicial remedies concerning censorship of performances (e.g. Pussy Riot’s Punk Prayer) and demolition of art installations (e.g. the ‘Bridges of Memory’ installation in the Mapocho River in Chile), as well as those related to artists’ cultural mobility (e.g. artists living in a situation of occupation). In this respect, the chapter makes a parallel between international obligations to protect artistic freedom as part of the right to participate in cultural life with forms of artistic performance that require the participation of the public (as in the case of Kaprow’s work, and the ‘Reinventions of Yard’). It further examines the impact of non-discrimination and equality in the artworlds – including for instance discriminatory laws on male guardianship that have an impact on womens’ ability to work as artists, display their work or participate in artistic events and performances. Finally, the author wonders whether de facto equality is ever possible in the artworlds, discussing the application of affirmative action and the so-called special measures in the artworlds.