5 - Street Art, Graffiti and Art in Public Space

Summary

This chapter examines the application of the principles underlying artistic freedom in the public space, as well as graffiti and street art. To which extent are States obliged to promote, protect or safeguard artistic freedom when clashing with public interests, public order or public morality standards? Does the qualification ‘illicit’ or ‘commissioned’ play a role in preserving artistic freedom? And do these obligations go as far as safeguarding the individual artist’s right to artistic freedom in case of unpopular, controversial or offensive art and performances in the public space – or urban planning considerations, as in the case of the ‘La Demeure du Chaos’ (Abode of Chaos)? Furthermore, the chapter discusses the question of hateful, racist, sexist, misogynous or homophobic art in the public space, epsecially in light of State obligations to raise awareness and eliminate stereotyping. Last, drawing on numerous case studies such as the Great Wall of Los Angeles and murals painted in post-aparheid South Africa, the chapter explores potential obligations to preserve and safeguard street art – and artists’ frededom – especially in the case of large murals reflective of broad community participation and those that reflect human rights ideals.