«New publication: Freedom of Artistic Expression in the European Union
November 8, 2021, 2:32 pm
Freedom of artistic expression (FoAE) is a fundamental pillar of any democratic system and a key value of the European project. Rarely researched as an autonomous legal concept, FoAE has been often conflated with other rights or freedoms or treated as a part of a broader analysis of the general freedom of expression. This has resulted in a rather fragmented and superficial picture of what freedom of artistic expression is in a global context and, especially, at European level.
The Freedom of Artistic Expression in the European Union publication presented by the Greens/European Free Alliance Group and Culture Action Europe, commissioned by MEP Diana Riba i Giner, offers a general overview of the global and European legislative framework and case-law, outlining further possible courses of action aiming at strengthening the legal protection of FoAE at a European level.
The FoAE matter has been on the top tier of CAE’s agenda since 2012 starting from the active support of the the Arts Rights and Justice (ARJ) working group to the establishment of the partnership with Freemuse in 2019. In January 2020, Freemuse and CAE fueled a public debate on the FoAE, while the latter launched the report on the State of Artistic Freedom in Europe at the European Parliament presenting recommendations to the European institutions regarding the protection and promotion of artistic expression in the EU. Additionally, CAE contributed to the “Intergovernmental Committee of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions” at the UNESCO headquarter in Paris, 2020, and the same year published the position paper “Protecting artistic freedom as a European value”, highlighting the need to develop a European handbook on the legal framework, relevant to all Member States. (...)». Continue a ler.
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«CONCLUSIONS AND THE WAY FORWARD
Overall conclusions
Artistic freedom is a fundamental pillar of any democratic system and restrictions to it endanger human rights protection. At the EU level, it is paramount to shape an updated, relevant and eective protection scheme for one of the key values of the European project, thus further legislative action is needed to create explicit safeguards for artistic freedom under EU Law.
Adding to this, for any legal action to be meaningful, proportionate and efficient, it has to be based on the factual realities of the artistic community. Therefore, a structured dialogue that brings the worlds of arts and legal expertise together is needed to discuss international and domestic standards of FoAE in the EU, alongside the key features for the protection of FoAE. This process could result in a handbook containing guidelines for better protection of the freedom of artistic expression at EU level,. including general indicators to monitor the state of FoAE across the EU. (...)».
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