ABSTRACT
This chapter explores the human rights violations that result from the criminalisation of certain musical genres, such as rap and urban music, and the censorship and restrictions on the activities of female and LGBTQ musicians in some countries. This is contrary to human rights laws and conventions, which exemplify the power struggles between those who are powerful enough to be heard, and those who are not. Protection of artistic freedom is found in a number of UNDHR articles, particularly Article 27 and other human rights conventions such as the UN Covenant on Economic, Social and Cultural Rights. Artistic expression is protected because it is perceived as having importance for the fulfilment of individual expression, but also as a wider societal means to develop and communicate ideas. Human rights are a defence against the authoritarian use of criminal law, and there is an obligation on the state not to encroach unduly on freedom of artistic expression. The chapter considers occurrences when this has occurred and what rights and protections musicians and their fans may need in the future.
