Disclaimer


These “red dots” represent a thematic and intellectual focus for art in Switzerland and abroad. CJA act aim to increase the debate about art and artistic expression. The artists involved in this long-term project act thanks to the artistic freedom enshrined in the Swiss Constitution. In order to do so, CJA challenge certain boundaries to contribute to the development of an equitable society. In fact, only in a society in which art is allowed to expand and enrich the “aesthetic” discourse. The representation of minor voices is fundamental in our culture. CJA is close to those entities that support a political openness inspired by equal opportunities, tolerance and solidarity.

Article 21 of the Federal Constitution of the Swiss Confederation protects their freedom of artistic expression. Additionally, article 16 (cost.) guarantees the protection of their freedom of expression and opinion. As residents of Switzerland, we are protected by this rule of law (art. 5 cost.).


Federal Constitution of the Swiss Confederation

The link below has the entire Swiss Constitution that has been in force since 1 January 2020.
https://www.admin.ch/opc/en/classified-compilation/19995395/index.html#a21

Art. 21 Freedom of artistic expression

Freedom of artistic expression is guaranteed.

 


CJA believes that artists are special types of human beings that deserve to be protected with a real social status that distinguishes them. Stronger support for art residences and local ateliers (studios) are low cost, especially in Ticino, options that allow artists to concentrate on their work by creating a necessary isolated environment. 

The project challenges this law in the name of art. We want to make sure this right is protected to maintain and elevate the status of artists in Switzerland and abroad. 

Art in the Public Domain 

Anxiety regarding the significance of street art attributes to the negative socio-legal response that it receives. But the response varies greatly within societies. People in a community that assume the role of ‘concerned citizens,’ rather than the direct property owners, frequently have the most aggressive responses towards street artists. The ‘concerned’ margin in society wanted to communicate its disapproval for the defacement of public or private property as well as being models for law abiding.

  • “All that matters, in the eyes of the law, is whether or not an act is authorised by way of commission or the property owner’s consent.”
  • Foucault: “the injury that a crime inflicts upon the social body is the disorder that it introduces into it: the scandal that it gives rise to, the example that it gives, the incitement to repeat it if it not published, the possibility of becoming widespread that it bears within it”
  • With the red dots the disorder is created when people become conscious of the dots but do not know the message, who is placing them, and why in the specific locations
  • The scandal can be when the media acknowledges the presence of the dots and writes something (for example, in the press release, ‘the mystery of the red dots’
  • “It’s magical when it’s illegal because there’s nothing, and then, the next day or the next hour or whatever, there’s something there, and you’re like, ‘I didn’t see it happen, how long has it been here, how did they do it?” (artist ‘Elbow-Toe’)
  • Relates to the unconscious… people always in the space but don’t notice

Reports Related to the Freedom of Artistic Expression: 

The following two resources were published by Freemuse, an independent international non-governmental organisation that supports and promotes freedom of artistic expression and cultural diversity. Their annual report on The State of Artistic Freedom, is recognized and referenced by governments, UN officials, academic, and other actors involved with culture and art.

The State of Artistic Freedom, (2020), ‘Security, Creativity, Tolerance and Their Co-existence: The New European Agenda on Freedom of Artistic Expression,’ Freemuse, https://freemuse.org/news/the-state-of-artistic-freedom-2020/

(2020), ‘Security, Creativity, Tolerance and Their Co-existence: The New European Agenda on Freedom of Artistic Expression,’ Freedom, https://freemuse.org/news/the-security-creativity-tolerance-and-their-co-existence-the-new-european-agenda-on-freedom-of-artistic-expression/.

 


We are aware that these fundamental legal issues are against CJA’s philosophy but since the project is peaceful and implemented with the resources that the law provides us with, we include them to allow us to carry out our research. So, if the one aboved described above is not enoughfor someone, this following part is made for protect the artists involved in this project and in this circumstances we consider the following legal aspect valid.

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