Envisioning the effective implementation of the Marrakesh treaty for blind, visually impaired and print-disabled individuals in Mauritius

Purmah, Neel Raamandarsingh ORCID: https://orcid.org/0000-0002-6777-1745 (2023) Envisioning the effective implementation of the Marrakesh treaty for blind, visually impaired and print-disabled individuals in Mauritius. African Journal of Legal Studies, 15 (2) . pp. 160-184. ISSN 2210-9730 [Article] (doi:10.1163/17087384-bja10077)

Abstract

The Marrakesh Treaty has been hailed as the key to unlocking the door for visually impaired or print-disabled individuals to have more equitable access to published works. Its most innovative aspect resides in its provision of mandatory copyright exceptions with a view of facilitating the cross-border exchange of published works in accessible format for individuals with print disabilities. This could have far-reaching benefits in terms of closing the gap on the book famine for visually impaired persons worldwide, in particular in developing nations such as the Republic of Mauritius. While Mauritius has ratified the Marrakesh Treaty on 11 January 2021, it has only entered into force on 11 April 2021. It is therefore well-timed to examine to what extent can the Marrakesh Treaty be effectively implemented for print-disabled individuals in Mauritius to enjoy their rights to access information and to participation in cultural life on an equal basis with others. First, the paper will provide a contextual exploration of the rationale behind the development and adoption of the Marrakesh Treaty, and then turn to a legal and policy analysis of the substantive provisions of the treaty. Second, the paper will elaborate on a human rights framework for copyright. Finally, the paper will provide significant legal and policy recommendations for both state and non-state actors to fully and meaningfully give effect to the treaty, including through the development of a clear action plan, and the role of governmental and non-governmental stakeholders in facilitating access to published works for print-disabled individuals in Mauritius.

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