Access to Knowledge through Human Rights Framework

Abstract In the international human rights instruments, there is no use of the phrase ‘right to access learning materials’; hence, this chapter views the concept of A2K as a ‘part’ of the international human rights regime. It has been argued that the right to access print books need not be introduced as a ‘new’ human right. Rather, it can be viewed as an implicit specification of human rights given in the UDHR. Furthermore, the chapter explores the intriguing conflict between copyright and access as part of human rights. In this context, the need to apply the proportionality principle while balancing access needs with copyright law has been emphasized. Apart from the legislature, the judiciary has an instrumental role in balancing copyright with user rights.