La liberté de l'art face à la protection des croyances religieuses: étude d'un conflit de valeurs sous le prisme du droit international

Our thesis project suggests suggests a legal, political and social reading of a conflict between two fundamental cultural rights. Several controversies exist today in the west world claiming the eventual legitimacy of the restrictions on artistic freedom, in the name of the protection of religious beliefs. We could even observe a certain ‘paroxysm' on this matter, which ends up at a legal, and virtually a real, conflict. From an international law point of view, the first indications of this kind of conflict appeared more or less during the notorious controversy around Salman Rushdie's ‘Satanic Verses”. Fifteen years later, in 2004, another ‘global crisis' appears: that of the Danish cartoons, followed by several resolutions on the subject of defamation of religions, issued by the UN Human Rights Council and the General Assembly. Associating this supposed “conflict of values” with the impact of 9/11 and the war against terrorism, as well as the discrimination politics against immigrants and asylum seekers in Europe, or even Huntington's theory concerning a pretended ‘conflict of civilisations', we realize that this ‘conflict' is not a matter concerning exclusively freedom of expression(FoE), and certainly not the freedom of the arts. Our aim is to propose alternative methods of conflict resolution techniques, based on the analysis of the values at stake and focusing on the prevention of such « cultural conflicts », rather then on their resolution, in favour of one right or the other.