The Freedom of Cultural Creation as a Fundamental Right

DOI: https://doi.org/10.18543/ed.3581
Keywords: Freedom of cultural creation, culture, fundamental rights, freedom of artistic expression, freedom of literary expression, art, literature, reality, fiction

Abstract

Freedom of creation, recognised in Article 20.1(b) of the Spanish Constitution as an autonomous fundamental right exercised through literature and art, is not confined to the individual protection of the creator, but also performs a structural function in safeguarding culture. Building on this premise, the article examines recent constitutional case law, particularly the judgments delivered in 2025, in order to delineate the scope of literary and artistic freedom of expression through the interplay between reality and fiction that characterises cultural creation.

Received: 19 February 2026
Accepted: 18 May 2026

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Author Biography

Irene Rufo Rubio, Universidad Rey Juan Carlos, Madrid. España

Profesora Ayudante Doctora de Derecho Constitucional

Published
2026-06-24
How to Cite
Rufo Rubio, Irene. 2026. “The Freedom of Cultural Creation As a Fundamental Right”. Estudios De Deusto 74 (1), 259-300. https://doi.org/10.18543/ed.3581.
Issue
Vol. 74 No. 1 (2026)
Section
Studies

Last update: 08/02/2022

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