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IS THE RIGHT TO LEARN A FUNDAMENTAL HUMAN RIGHT?

T. Shen

Abstract

This paperdiscussesthe nature, connotation of the right to learn and itsrelationship with other relevantrightsby thenormativeanalysis, positive analysisand comparativeanalysis. itargues that the right to learn is a fundamental human right,which can be summarized as a personal right toacquire knowledge,to increase human's wisdom and to fully develop their potential through a variety of learning approaches and activities. With the arrival of the era of learning,the notion “right to education” can not meet thedevelopmentof the human being and society,it is necessaryto introduce a concept with richer connotation that is the “right to learn".Theright to freedom of information is theimportant base and premise of the right to learn, access to educationis one important way to learn, but not the only way. The right to learn emphasizes on studyingactively, freely, it is different from the right to education, the right to participation in cultural life. The government and society need to do more to realize and protect the right to learn, notto infringe this right, as well as toprovide the learning opportunities and conditions for the individual. There are some conflicts between the right to learn and the Intellectual property rights, especially the crash between the right to learn and the copyright. Definitely, The copyright need to be protected, while to be restricted. The public interests and the interests of authors should be balanced to promote the human intelligence and the development of human society.

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DOI resolver: doi.org/10.5593/sgemsocial2014/b21/s5.083

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