A/HRC/28/57 107. States should ensure that exceptions and limitations cannot be waived by contract, or unduly impaired by technical measures of protection or online contracts in the digital environment. 108. At the domestic level, judicial or administrative procedures should enable members of the public to request the implementation and expansion of exceptions and limitations to assure their constitutional and human rights. 109. WIPO members should support the adoption of international instruments on copyright exceptions and limitations for libraries and education. The possibility of establishing a core list of minimum required exceptions and limitations incorporating those currently recognized by most States, and/or an international fair use provision, should also be explored. 110. WTO should preserve the exemption of least developed countries from complying with provisions of the TRIPS Agreement until they reach a stage of development where they no longer qualify as least developed countries. Adopting policies fostering access to science and culture 111. Open access scholarships, open educational resources and public art and artistic expressions are examples of approaches that treat cultural production as a public endeavour for the benefit of all. Those approaches complement the private, forprofit models of production and distribution and have a particularly important role. 112. The products of creative efforts subsidized by governments, intergovernmental organizations or charitable entities, should be made widely accessible. States should redirect financial support from proprietary publishing models to open publishing models. 113. Public and private universities and public research agencies should adopt policies to promote open access to published research, materials and data on an open and equitable basis, especially through the adoption of Creative Commons licences. Indigenous peoples, minorities and marginalized groups 114. Creativity is not a privilege of an elite segment of society or professional artists, but a universal right. Copyright law and policy must be designed with sensitivity to populations that have special needs or may be overlooked by the marketplace. 115. States should institute measures to ensure that all people enjoy the moral and material interests of their creative expressions and to prevent limitations, such as geography, language, poverty, illiteracy, or disability, from blocking full and equal access to, participation in and contribution to cultural and scientific life. 116. States should ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, and ensure that their copyright laws contain adequate exceptions to facilitate the availability of works in formats accessible to persons with visual impairments and other disabilities, such as deafness. 117. States should adopt measures to ensure the right of indigenous peoples to maintain, control, protect and develop their intellectual property over their cultural heritage, traditional knowledge, and traditional cultural expressions. 118. Further studies should be undertaken to examine what reforms are needed to better enable access to copyrighted materials in all languages, at affordable prices. 21