Art on Trial: Strategic Litigation in Europe

In recent years, the threat against artists has increased. Even in Europe, there is a steady rise in censorship, threats, persecution, and prosecutions aimed at silencing artists. Despite this increase, and despite artists and cultural creators experiencing the same types of legal abuses as journalists and other human rights defenders, they do not receive the same attention or legal protection. The understanding of the importance of questioning art and culture for an open democratic society is low among policymakers, judges, and other state actors. Courts do not see art as a field of expertise in its own right, and there are no binding legal instruments that define the unique nature of artists. Robust European mechanisms for the protection of human rights, such as the European Convention and the European Court of Human Rights, are significantly underutilized when it comes to artists’ rights.

In this project, Avant-Garde Lawyers (AGL) aims to strengthen artists’ rights in Europe by pursuing legal cases that can serve as educational tools, shape public opinion, and influence legislation. Additionally, AGL seeks to empower artists, civil society, and lawyers to advance similar processes.

The project is supported with 2 685 000 SEK.

What happens in the project?

– Train and strengthen stakeholders who can support AGL in legal processes and advocacy work, also enabling them to advance similar initiatives.

– Provide education to selected artists, civil society organizations, lawyers, and experts in the art field.

– Organize a three-day workshop with selected participants.

– Create a strategy for effectively pursuing strategic legal cases for artists’ rights in Europe.

– Develop a handbook with practical information and guidance on how to conduct strategic legal processes in Europe.

– Identify three individual cases or situations where artists’ rights have been violated and raise these in relevant forums.

– Implement knowledge-enhancing initiatives targeting appropriate national, regional, or international bodies, and conduct activities to foster public debate and increase awareness among the general public.

Why was the project supported?

By strengthening and highlighting the importance of artists’ rights in Europe, a free and democratic society for all groups of individuals can be promoted, both in Sweden and across Europe.