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Utopian Concept, Mixed Structure, Digital Extent and New Claims

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How to Take Seriously the Right to (Artistic) Culture?

image of International Human Rights Law Review

The right to artistic culture, as a set of rights and freedoms associated with participation in artistic culture, can be regarded as a kind of umbrella term, consisting of an array of rights and freedoms related to the freedom to create and share one’s own works, the right to experience the works of others, setting the boundaries in horizontal relations between artists, and the freedom of access and creation on the basis of available works. The right to culture in European states with state patronage systems means also fulfilling a number of positive obligations, particularly connected to the fair financing of artistic life and universally assured access to it. This right is not by nature homogeneous and cannot be categorised only as a social right, while some components of it are already established and protected in civil rights systems of protection. Finding the elements of this right in the European Court of Human Rights (ECtHR) case-law and domestic legal measures delivers the evidence on its complex nature and allows the pointing out of some paradoxes in its development. It also considers the justiciability to the right to culture.

Affiliations: 1: Professor of Constitutional Law and European Research Chair, The Institute of Law Studies Polish Academy of Sciences, Nowy Swiat 72, 00–330 Warsaw


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