E/C.12/GC/17
page 6
(ii)
Economic accessibility (affordability): access to such remedies must be
affordable for all, including disadvantaged and marginalized groups. For
example, where a State party decides to meet the requirements of
article 15, paragraph 1 (c), through traditional forms of intellectual
property protection, related administrative and legal costs must be based
on the principle of equity, ensuring that these remedies are affordable
for all;
(iii)
Accessibility of information: accessibility includes the right to seek,
receive and impart information on the structure and functioning of the
legal or policy regime to protect the moral and material interests of
authors resulting from their scientific, literary and artistic productions,
including information on relevant legislation and procedures. Such
information should be understandable to everyone and should be
published also in the languages of linguistic minorities and indigenous
peoples;
(c)
Quality of protection. Procedures for the protection of the moral and material
interests of authors should be administered competently and expeditiously by judges and other
relevant authorities.
Special topics of broad application
Non-discrimination and equal treatment
19.
Article 2, paragraph 2, and article 3 of the Covenant prohibit any discrimination in the
access to an effective protection of the moral and material interests of authors, including
administrative, judicial and other remedies, on the grounds of race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status, which
has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right
as recognized in article 15, paragraph 1 (c).15
20.
The Committee stresses that the elimination of discrimination to ensure equal access to
an effective protection of the moral and material interests of authors can often be achieved with
limited resources through the adoption or amendment or abrogation of legislation or through the
dissemination of information. The Committee recalls general comment No. 3 (1990) on the
nature of States parties’ obligations, paragraph 12, which states that even in times of severe
resource constraints, the disadvantaged and marginalized individuals and groups of society must
be protected by the adoption of relatively low-cost targeted programmes.
21.
The adoption of temporary special measures taken for the sole purpose of securing
de facto equality for disadvantaged or marginalized individuals or groups, as well as those
subjected to discrimination is not a violation of the right to benefit from the protection of the
moral and material interests of the author, provided that such measures do not perpetuate unequal
or separate protection standards for different individuals or groups and are discontinued once the
objectives for which they were adopted are achieved.