Interaction Between Human Rights and Copyright:The Meaning and Function of the Preamble of the Marrakesh Treaty
The preamble of the Marrakesh Treaty(PMT)is not redundant or declarative,and its embedded human rights language provides an applicable framework for the continuous combination of copyright and human rights.The PMT links the Universal Declaration of Human Rights with the Convention on the Rights of Persons with Disabilities,which clarifies the principle of accessibility and aims to protect the rights to freedom of speech and expression,education and participation in cultural life for persons with reading disorders.The PMT demands a balance between human rights and copyright.The PMT plays a role in explaining and guiding the transformation of the Marrakesh Treaty in China.Under the interpretation of purpose and evolution,combined with the Convention on the Rights of Persons with Disabilities,the reading disorders in China's copyright law should not be limited to visually based reading disorders;in the context of inclusive education concept,barrier-free format service institutions should include ordinary schools.At the same time,based on the balance of power theory,the Article 12 of the Marrakesh Treaty should be understood in the framework of the three-step test method.And the implementation of the Marrakesh Treaty should also ensure the full participation of organizations for persons with disabilities.
The Marrakesh TreatyHuman rightsCopyrightTreaty preamble
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