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Art and Human Rights: A Multidisciplinary Approach to Contemporary Issues

Edited by: Fiana Gantheret, Nolwenn Guibert, Sofia Stolk

ISBN13: 9781802208146
Published: May 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00



Despatched in 4 to 6 days.

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.

This interdisciplinary book brings together experts in the fields of art, cultural heritage, social justice, human rights, international law, and transitional justice, and presents the idea that a complex interplay between morality, politics, law, and aesthetics remains present in concrete settings such as the rights of cultural creators, the right to artistic expression, art as a catalyst of change in times of conflict, and post-conflict restitutions. Such Chapters offer vignettes of the current debates in the fields of art and human rights, tackling the issues at the confluence of these fields by providing both a general framework to understand the basis upon which the conversation can be built, and also by bringing to the discussion a diverse range of contemporary themes and concrete case analyses.

This book will be an ideal read for Academics interested in international law, transitional justice and human rights. Historians, lawyers, artists, and activists looking to explore the relationship between art and human rights in times of war, peace, and transition through their assessment of contemporary issues will also benefit from this comprehensive book.

Subjects:
Human Rights and Civil Liberties, Art and Cultural Heritage Law
Contents:
Foreword x
Introduction 1
Fiana Gantheret

PART I. PEACE: THE RIGHT TO ART
SECTION 1.1 RIGHT TO CULTURE: CONTEMPORARY ISSUES
1. Legal framework: Is there a right to art? 19
Nolwenn Guibert
2. The human rights of artists: What did the pandemic teach us? 38
Elsa Stamatopoulou

SECTION 1.2 RIGHT TO ARTISTIC EXPRESSION
3. Dancing in dialogue: The notion of dance in politically fragile contexts 60
Rose Martin and Shyrine Ziadeh
4. Progressive autonomy of artistic freedom in international law: The contribution of the UN in promoting new economic, social, and cultural rights-based approaches 76
Laurence Cuny

SECTION 1.3 ART AND SOCIAL JUSTICE
5. Freedom and the archive 99
Germaine Ingram and Toni Shapiro-Phim

PART II. CONFLICT(S)
SECTION 2.1 REPRESENTATION OF CONFLICT THROUGH ART
6. Seeing and unseeing war in Afghanistan: War, trauma and contestation of the human rights frame 121
Henry Redwood and Hannah Partis-Jennings
7. The forensification of propaganda in epic poetry and Serb leadership cases at the ICTY 141
Predrag Dojčinović

SECTION 2.2 ART AS A CATALYST FOR CHANGE IN CONFLICT
8. War on war! Artful weapons in times of war and conflict 165
Bernadette Buckley
9. Cultural diplomacy: The theory and the practice of a bridging concept 188
Roula El Derbas

SECTION 2.3 ART: A TARGET OF CONFLICT
10. Preserving and protecting cultural property, art, and antiquities during conflict: Recent experiences in Syria, Iraq, and Libya 209
Michael Danti

PART III. POST-CONFLICT APPROACHES
SECTION 3.1 ART IN NON-JUDICIARY TRANSITIONAL JUSTICE MECHANISMS
11. Art, truth, reconciliation and resistance: Reaching out in Sierra Leone and Canada 230
Rachel Kerr
12. Take me to court: Museum-making and transitional justice in Colombia 247
Sofía N. González-Ayala and Cristina Lleras

SECTION 3.2 INTERNATIONAL CRIMINAL JUSTICE AND ART
13. Artistic strategies by and about the International Criminal Court 266
Sofia Stolk
14. Reparations for cultural heritage destruction at the ICC and the limits of human rights 281
Marina Lostal

SECTION 3.3 RESTITUTION OF CULTURAL PROPERTY
15. Restitution of WWII cultural property: Philosophical and legal approach 306
Kamil Zeidler and Agnieszka Plata
16. The return of the cultural objects displaced during the colonial era: An overview of solutions, challenges and misgivings from the perspective of international law 327
Alessandro Chechi
Conclusion: Universality, dignity, and the five great elements 346
Marina Aksenova

Index