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The book examines in detail the essence, nature and scope of artistic freedom as a human right. It explains the legal problems associated with the lack of a precise definition of the term 'art' and discusses the emergence of a distinct 'right' to artistic freedom under international law. Drawing on a variety of case-studies primarily from the field of visual arts, but also performance, street art and graffiti, it examines potentially applicable 'defences' for those types of artistic expression that are perceived as inappropriate, ugly, offensive, disturbing, or even obscene and transgressive. The book also offers a view on global controversies such as Charlie Hebdo and the Danish Cartoons, attempting to explain the subtleties of offenses related to religious sensibilities and beliefs. It also examines the legitimacy of restrictions on extremist expressions in the case of arts involving criminal arts, such as child pornography.
The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.
This timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion and contribute to the promotion and protection of human rights.
This book queries, through the prism of the Convention for the Protection and the Promotion of the Diversity of Cultural Expressions (the Convention), the ways in which the processes and substance of international law-making have shifted in response to new technologies and new actors. The essays, written by recognised experts in the field, engage deeply with the practice under the Convention. The 4 parts examine: the rise of new actors and their impact on the Convention's law-making and implementation; the specific implementation of Article 21; the role of cultural communities in promoting diversity of cultural expressions; and the effectiveness and coherence of the Convention. Scholars and practitioners in the field of international law of culture and international cultural cooperation will welcome this fascinating new book.
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.
"Bloodied toy soldiers, gilded shopping carts, and Lego concentration camps. Contemporary art is supposed to be a realm of freedom where artists shock, break taboos, and switch between confronting viewers with works of great profundity and jaw-dropping triviality. But away from shock tactics in the gallery, there are many unanswered questions. What is contemporary about contemporary art? What effect do politics and big business have on art? And who really runs the art world?" "Previously published as Art Incorporated, this controversial and witty Very Short Introduction is an exploration of the global art scene that will change the way you see contemporary art."--BOOK JACKET.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.