THE RIGHT TO FREEDOM OF CREATIVITY IN THE HUMAN RIGHTS SYSTEM

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THE RIGHT TO FREEDOM OF CREATIVITY IN THE HUMAN RIGHTS SYSTEM

Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue

Abstract

The article provides a comprehensive understanding of the interconnection of the right to creative freedom and highlights its place in the system of human rights and freedoms. The human rights and freedoms classification is realized in the public life sphere that influences on personal, political, social, economic, and cultural life. In accordance with this classification criterion, the right to creative freedom is attributed to cultural rights and freedoms of man. Cultural rights and freedoms, which include: the right to education, the right to freedom of literary, artistic, scientific and technical creativity, the right to access the achievements of national culture, are dialectically linked, reproductively determined among themselves, have a common goal and appointment. The relationship between the right to work freedom and social rights is manifested through the right to work and rest. If the intellectual product creation is a part of the employee’s labor function, the right to creative activity is transformed into a labor duty. The right to rest involves the possibility of an employee’s freely engaging in creative activities, or in any other activity. The right to creative activity is an additional guarantee of creativity freedom, as an employee is temporarily discharged from his main job to complete a dissertation for a degree, to write a textbook, a monograph, a reference book or other scientific work. Among economic rights and freedoms, the researched right is closely connected with the right to the creative activity results, the intellectual property right, which, in our opinion, belongs to economic rights and freedoms. As a conclusion of the right to creativity freedom, there may be the right to the creativity results, the right to intellectual property. The right to freedom of creativity is always preceded by the right to the intellectual activity results. On the other hand, the right to the creative activity results and intellectual property is intended to promote an initiative in the development and implementation of person creative abilities through the possibility of livelihood. The value of the right to the creativity freedom with the political rights manifests itself through the right to the thought and speech freedom. Freedom of creativity is one of the branches of thought and speech freedom, because the creative process involves expressing of thoughts, views, beliefs, rationalized feelings, attitudes, orientations, concepts, theories, etc. Freedom of creativity is impossible without thought and speech freedom. On the other hand, the right to creativity freedom is the most important precondition and one of the manifestations of speech freedom. These rights unity lies in the fact that their limitation is a sign of an anti-democratic regime. The connection of the right to creativity freedom with personal rights is of particular importance. It manifests through the relationship between the right to life and the right to human dignity respect. The right to life is primary connected with other rights, including the right to the creative freedom. On the other hand, the right to the creativity freedom is a way to satisfy the human spiritual needs in life. The peculiarity of the relation between the right to the human dignity respect and the right to the creativity freedom differentiates the meanings of “human dignity” and “dignity of a person”. The right to human dignity imposes certain restrictions on the creativity freedom. Creativity is prohibited by law in the way of the value and social significance humiliation of a person as a biosocial spirit.

Authors and Affiliations

Н. М. Опольська

Keywords

right to freedom of creativity creative activity types of human rights

EP ID EP444405
DOI -
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