Creativity, Economic Freedom and Human Rights

Abstract

Contemporary human rights discourse recognizes the importance of creative expression to human flourishing but locates its instances in the arts. The economic sphere is passed over in silence. Technological progress, however, has made economic life a canvas for self-authorship. The increasing automation of routine and mechanical tasks implies a trend towards more interesting and satisfying jobs. And the rise of the internet spawns greater opportunities for entrepreneurship than ever before. This chapter argues for a legal human right to economic freedom that is grounded in the value of creativity. Creativity is intrinsically rewarding for those who shape their lives and voices through its exercise. Creativity is also instrumentally valuable because it multiplies society’s material resources, thereby rendering possible the vindication of human agency. Economic freedom should therefore be understood as the freedom for creativity in the economic domain. Because a legal human right to economic freedom is abstract, rather than concrete, its practical consequences have to be elaborated by domestic and international actors. Implementation of the right is thus a question of institution design, one that must take into account the realities of the global order as well as a society’s history and circumstances.