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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Freedom of Art

Eleni Polymenopoulou

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Right to education — Freedom of expression — Economic, social, and cultural rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1Freedom and artistic creation are intrinsically linked: ‘The essence of artistic endeavour lies in the free creative process whereby the artist, in his chosen communicative medium, gives immediate perceptible form to what he has felt, learnt, or experienced’ (Mephisto para. 49). Yet the freedom of the arts is not a given value in all legal systems. It encompasses questions of censorship and self-censorship—and is intrinsically related not only to liberal values but also to cultural policies (culture), public spending choices (public finance), economic and...
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