Article 27 – Art, culture and science

What does this right mean?

Article 27 is about art, culture and science. It provides rights to the users as well as to artists and scientists themselves.

First of all, the article protects the free participation in the cultural life of the community you are a part of. This is an important part of social life to everyone. Participation in culture, from speaking your own language to making and enjoying art, can let you feel you belong somewhere. This right also protects the cultures and languages of minorities within countries. Not everyone has to be the same.

Article 27 also protects the right to enjoy art. So, art has to be achievable and accessible to everyone. Everyone, young and old, has to be able to enjoy it, in a museum, club, cinema or theatre, at a festival or dance event, or in a public space.

Article 27 determines that every human has to be able to benefit from scientific progress. An example of this is that if a new medicine against a harmful disease is invented, that medicine then has to be affordable and available to everyone. This might look like a completely different theme from art, but it is specifically included in this article because matters such as affordable medicines are a condition for the full, healthy development of someone's personality. So you may not be limited in your development because you need medicines, but cannot pay for them. This is just as important for your own development as being able to participate in cultural life.

The second part of Article 27 means that whoever invents, writes or makes something has to be protected too. Some examples of what this can be are a painting, an image or an online movie, but also a book of which you are the author or a scientific invention you made. The right protects everyone's mental and material interests. Someone else may not run off with your inventions, art or texts. Such as by reproducing them and make money from them without giving any of it to you. Or by presenting them as their own work (plagiarism).

So, Article 27 protects the users as well as the makers of art, culture and science. It tries to guarantee an honest balance between these two.

The public has a right to art ... Art is for everybody.

What is the history of this right?

Not everyone might have the talent to be an artist or a scientist, but the drafters of the Universal Declaration did believe everyone should have access to what art and science produce. In the Second World War, much art was made illegal or even attacked: censorship, destruction of cultural heritage and burning of books. Under the Nazi regime, for instance, only approved artists were allowed to keep working.

John Humphrey, one of the main drafters of the Universal Declaration, ensured art was on the agenda within the United Nations. The first sentence of Article 27 has become kind of a reflection of his involvement in and appreciation of art and culture. Latin American countries such as Chile and Peru also saw much value in including a separate right to culture and science in the Universal Declaration. The culture and science organisation of the United Nations, UNESCO, was a big proponent too. Because of this, new rights to art, culture and science were really included in the Universal Declaration.

Where and how is this right documented?

In Article 15 of the International Covenant on Economic, Social and Cultural Rights, the same rights as in Article 27 of the Universal Declaration are documented. On top of that, it also states that states have to protect the freedom to do scientific research. That very same academic freedom and the freedom of the arts are also in Article 13 of the Charter of Fundamental Rights of the European Union.

Rights to art and culture are also in treaties for specific groups. For instance, the Convention on the Elimination of All Forms of Discrimination against Women protects women's social and cultural development in various articles. And the Convention on the Rights of the Child guarantees that children too have the right to participate in art and culture.

Art and culture are also protected in the Constitution of the Netherlands. Article 22 gives the Dutch government the assignment to ensure everyone can express themselves culturally and socially and can-do leisure-time activities. That means the government has to provide an environment in which literature, visual arts, music, stage performances and other forms of art can exist. All in all, a good supply of art and culture for everyone.

How topical is this human right?

Museums in the Netherlands are accessible to everyone in principle, but access often costs money. Unlike many museums in other European countries, you almost always have to pay in order to enter a museum in the Netherlands. Does that not contradict Article 27 of the Universal Declaration? Can everyone carry out their rights? Only those who can afford it receive the opportunity to look at art in museums. There are various ways to lower the threshold, such as discounts for children, youngsters or the elderly. Some cities also have a special card for low-income families to grant them discounted or even free access to cultural activities, from music classes to museum visits. These are ways to better protect the right to enjoy art.

Artificial intelligence and art

Online, there is more and more use of artificial intelligence (AI): texts, images, music and even movies are compiled by algorithms this way. In the process, they base what they make on everything available on the Internet: texts, tracks, photos, art and movies made by others. This enables AI companies to become well-known and make profits by using other people's work without paying for these works. Many music-makers, illustrators, writers and photographers have big objections to this. So, the balance between the rights of the makers of art and everyone's right to access new art is disrupted here. Finding solutions to this problem is one of the challenges of the upcoming years.