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How Women's Right to Artistic Freedom Is Denied And CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED FREEMUSE FREEMUSE IS AN INDEPENDENT INTERNATIONAL HUMAN RIGHTS ORGANISATION DEFENDING THE RIGHT TO FREEDOM OF ARTISTIC EXPRESSION AND CREATIVITY AS ENSHRINED IN INTERNATIONAL HUMAN RIGHTS STANDARDS. THE ORGANISATION HAS HAD A SPECIAL CONSULTATIVE STATUS WITH THE UNITED NATIONS SINCE 2012. ©2018 Freemuse. All rights reserved. ISBN: 978-87-998868-2-1 Design and illustration: www.NickPurserDesign.com Author: Srirak Plipat Research team: David Herrera, Ellen Pedersen, Jasmina Lazovic, Maria Menendez, Ayodele Ganiu, Joann Caloz Michaëlis and Christine Ramkarran. Publications and communications team: Dwayne Mamo, Lisa Robinson, Paige Collings and Kaja Ciosek. Freemuse would like to thank a consultant, who wishes to remain anonymous, for sharing her expertise on gender and human rights research methodology, and for reviewing and editing this report. Freemuse thanks the 39 informants who spoke to us for this report, especially the women artists who took risks to take part in this research. See all their names on page 107. We also thank everyone who stands up for women’s right to artistic freedom. Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of November 2018. Nevertheless, Freemuse cannot accept responsibility for the consequences of its use for other purposes or in other contexts. This report is kindly supported by the Swedish International Development Cooperation Agency (Sida), the Norwegian Ministry of Foreign Affairs, and Fritt Ord Norway. CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED FREEMUSE “I FEEL LIKE AT EVERY STEP OF THE WAY WOMEN ARE SORT OF BEING SENT THE MESSAGE THAT THEY ARE SECOND-CLASS CITIZENS, THAT THEIR JOB IS TO SERVICE MEN... YOU HAVE TO LISTEN TO WHAT THE PATRIARCHAL FIGURE IN YOUR LIFE SAYS—YOUR FATHER, BROTHER, THEN YOUR HUSBAND AND LATER YOUR SON. YOU HAVE TO PUT EVERYONE ELSE IN THE FAMILY BEFORE YOU.” INDIAN FILMMAKER ALANKRITA SHRIVASTAVA, FREEMUSE INTERVIEW, 6 SEPTEMBER 2018 ” 4 FREEMUSE CONTENTS INTRODUCTION 6 CHAPTER 1: VOICES OF WOMEN ARTISTS 10 Alankrita Shrivastava 12 Bahia Shehab 14 Borghildur Indriðadóttir 16 Monirah Hashemi 18 Sahar Mousa 20 Zere Asylbek 22 WOMEN DENIED RIGHTS TO ARTISTIC FREEDOM 24 CHAPTER 2: INTERNATIONAL FRAMEWORK OF PROTECTION OF WOMEN’S RIGHTS TO ARTISTIC FREEDOM AND CULTURAL EXPRESSION 26 International framework: enjoying freedom of artistic expression without gender-based discrimination 29 International efforts to protect women artists’ right to freedom of expression 31 Limitations of the right to artistic freedom affecting women artists 32 Conclusion 34 CHAPTER 3: DISCRIMINATION AGAINST WOMEN AND VIOLATIONS OF WOMEN’S RIGHT TO ARTISTIC FREEDOM 36 3.1 Gender-based discrimination and violations by the state 40 3.2 Gender-based discrimination and violation by non-state actors 43 3.3 Violations in the name of indecency 51 CHAPTER 4: WOMEN ARTISTS AS HUMAN RIGHTS DEFENDERS 60 Repercussions on women artists’ calls for women rights 63 CHAPTER 5: COUNTRIES OF CONCERN 70 Afghanistan 72 Bolivia 74 Cambodia 76 Egypt 78 India 80 Iran 82 Japan 84 Nigeria 86 Pakistan 88 Saudi Arabia 90 Turkey 92 RECOMMENDATIONS 94 ENDNOTES 98 CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 5 CREATIVITY WRONGED HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED: AN INTRODUCTION OVER THE LAST 100 YEARS, the edge of vague definitions made are now right and some are wrong. women have been fighting for by family, social groups, religious This research probes the emergence equality to gain the same legal and groups, fundamentalist groups and of the social construction of right human rights as men—the right to governments, which, if crossed, have and wrong artistic expression in vote, the right to own land, the right significant consequences. Women our societies. It asks how the state to an education, and many more. It artists have to suffer that daily restricts free artistic expression was less than 40 years ago that an negotiation, not because they are by making some right and some international treaty was enacted to artists, but because they are women. wrong, some appropriate and some eliminate all forms of discrimination indecent, some hurting religious against women. feelings, and some acts of terrorism and therefore threats to society. More Change remains slow. In 2018, Research specifically, this research asks how globally, women continue to face questions these social constructs affect the unequal treatment, frequent artistic and cultural life of women harassment and have limited access and women artists. While both men to—or are simply completely shut When you ask three-year-old girls and women are affected by these off from—particular practices to draw pictures of their families, restrictions, is there any evidence and experiences. it is easy to appreciate that the that women are affected more or pictures would look beautiful in differently? To what extent do these These inequalities stretch their own ways. The pictures come social constructs conform or violate significantly into the artistic world out of the children’s experiences, international human rights laws for women. Women who perform interpretations of reality around which guarantee the right to freedom wearing ‘inappropriate’ clothing them, and expression through colour or express ‘indecent’ words or of artistic expression and outline pencils as they see and feel them. It thoughts are imprisoned in some the state’s responsibilities to realise is not difficult to agree that there is countries. Others are censored, women’s artistic freedom? And no right and wrong in their drawings. prosecuted, fined, fired, harassed, finally, the report asks what can be attacked or, in the very worst When we grow up and draw, through done to improve the situation so that circumstances, killed. Women all the same process of experiencing, women and women artists can create over the world are forced continually interpreting and expressing through without fear of being wrong or face to walk a fine line, balancing on various art forms, some of our drawings harmful consequences. 6 FREEMUSE CREATIVITY WRONGED To answer these questions, This principle has been extensively national legal systems, while their Freemuse has examined over 90 developed over a number of importance has been additionally cases of violations of women’s international instruments, both by stressed through the establishment artistic freedom in the past international and regional bodies. of several international, specialised five years, taking advantage of It is also often used in reports bodies fighting for gender equality having monitored, registered and authored by the United Nations’ and adoption of conventions and documented these cases as part Special Procedures. The due resolutions pledging women’s right diligence framework used in this of research for the annual State to equal participation in the public report is a further developed set of of Artistic Freedom Report and sphere, including arts and culture. guidelines known as “the 5Ps”: the previously, annual statistics on state obligations to prevent, protect, Despite these binding and non- censorship and attacks on artistic prosecute, punish and provide binding documents, women artists freedom reports. Freemuse has redress and reparation for human have been marginalised in practice, interviewed dozens of women artists, rights violations. while being censored and in other experts and civil society members to ways stifled on the grounds of listen to their first-hand experiences religion, tradition and other social and understand the context and constructs arising from the legacy of impact of these restrictions on Highlights of centuries-long patriarchal systems. women’s expression. With the awareness about the reality report findings in which women, both in the global This report adopts a human rights North and South, exercise their right 1. Women’s right to analysis, guided by the human to freedom of artistic expression, in freedom of artistic rights principle of due diligence. the 21st century additional efforts This concept places the duty on and expression is protected have been invested at various obligation of states to guarantee under international law levels aiming to reaffirm the legal and safeguard human rights. The protection of women artists’ rights main guiding actionable points which Although international law does and combat the practice of their not recognise women artists as then transform into accountability suppression due to some states’ a particularly protected group, a arguments, enforced through claims on cultural relativism. number of core human rights and advocacy, are: fundamental freedom instruments guarantee their “right to have access * The state must respect human 2. Creative expressions to, participate in and contribute to rights, and thus not become a all aspects of cultural life”. Through are wronged by traditional violator itself. different UN mechanisms women practices, hard-line * The state must protect human are guaranteed the right to freedom religious interpretation and rights from violations by non- of expression and participation in perceptions of indecency state actors and other entities. cultural life, as well as protection * The state must fulfil human from any form of gender-based There is evidence of gender- rights by adopting
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