Miriam Cahn's painting can remain within the walls of the Palais de Tokyo.
Seized by several associations for the rights of the child, the judge in chambers of the Council of State considers, in an order issued this Friday, that the painting
Fuck abstraction!
by Miriam Cahn, at the Palais de Tokyo, a place dedicated to contemporary creation,
"does not seriously and illegally undermine the best interests of the child or the dignity of the person".
A decision which confirms that taken by the judge in chambers of the administrative court of Paris, on March 28.
Rejected, the associations asking for the stall of the work of the Swiss artist considering it as child pornography, had appealed the sentence.
For the associations Jurists for Childhood, Pornostop, Innocence in danger and Faced with incest, the controversial painting depicts the rape of a child by an adult and could be seen by minors.
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“It follows from the statement that the array Fuck abstraction! represents the silhouette of a man with a very powerful body, naked, without a face, who imposes fellatio on a thin and very small victim, naked, on his knees and with his hands tied behind his back. The applicants see in the victim a child, the defendant an adult, whose size would only be a metaphor for the oppression and the crime of which she is a victim”, stipulates the order
.
“
It emerges from the proceedings at the hearing and from the documents in the investigation that the sole intention of the artist is to denounce a crime.
The judge in chambers notes that informative cartels have been positioned all along the way leading to the work”,
ruled justice.
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Instrumentalization
The Council of State also emphasizes that the Palais de Tokyo has done everything possible to avoid offending the sensibilities of the youngest:
"The judge in chambers of the Council of State observes first of all that the Palais de Tokyo company has surrounded access to the
Fuck abstraction!
precautions aimed at excluding unaccompanied minors and deterring adults accompanied by minors.
Two surveillance agents are positioned at the entrance and in the middle of the room and a mediator is present continuously at the level of the table”
, can we read on the website of the Council of State.
While specifying
"that no minor visiting the exhibition alone has been reported and that no incident arising from the presence of
In a press release published on social networks, the Palais de Tokyo welcomed this decision, deploring however,
"that this affair gave rise to an instrumentalization of this work of art as well as the attempt to deny the fundamental role that play museums all over the world to defend freedoms while respecting human rights.”
Since February 17, the exhibition
Miriam Cahn, My Serial Thought
has attracted nearly 70,000 visitors.
It is presented until May 14.
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