Legal framework: Is there a right to art?

In the eye of many, other more ‘fundamental’ human rights should be protected first before starting to consider protecting artistic creativity and expression, especially in times of crises. Cultural rights are still perceived as the ‘Cinderella’ of human rights. The Covid-19 pandemic has demonstrated how fragile cultural rights, including a right to art, remain despite all the great strides achieved. This chapter first delves into the terminological contours of some foundational concepts, such as culture, cultural rights, and art. These have been the subject of long discussions in various fields of study, producing numerous attempted definitions or purported explanations as to whether they could or should even be defined. The chapter then examines whether a right to art exists and, if so, where it fits within the applicable legal framework. An assessment of existing international, regional, and domestic provisions and pronouncements, together with some regional human rights case law, indicates that the legal framework has evolved into a strong body.