Progressive autonomy of artistic freedom in international law: The contribution of the UN in promoting new economic, social, and cultural rights-based approaches

Artistic freedom has mainly been considered by human rights organizations, lawyers and academics as a subcategory of freedom of expression. But in the last ten years the United Nations Special Rapporteur in the field of cultural rights and UNESCO have made major contributions towards a larger definition. This definition embodies not only freedom of expression but also the right to freedom of movement and association, the protection of social and economic rights reflected in the status of the artist, and the right to participate in cultural life. The focus is no longer solely on the individual right of the artist only but is gradually encompassing the collective right of the audience, all of us, to access artworks. This chapter explores the recognition of the invaluable contribution that artworks make to vibrant cultures, democratic societies and cultural diversity and its legal consequences on the autonomy of artistic freedom.