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目标 具体目标 文书 条款 / 描述

保护、恢复和促进可持续利用陆地生态系统,可持续管理森林,防治荒漠化,制止和扭转土地退化,遏制生物多样性的丧失

15.6

根据国际共识,公正和公平地分享利用遗传资源产生的利益,促进适当获取这类资源。

Indicators
15.6.1
已通过立法、行政和政策框架确保公正和公平分享惠益的国家数目
ICESCR
经济、社会和文化权利国际公约
15.1 本公约缔约各国承认人人有权:
15.1.b
享受科学进步及其应用所产生的利益;
15.4
本公约缔约各国认识到鼓励和发展科学与文化方面的国际接触和合作的好处。
UNDRIP
联合国土著人民权利宣言
31.1
土著人民有权保持、掌管、保护和发展其文化遗产、传统知识和传统文 化体现方式,以及其科学、技术和文化表现形式,包括人类和遗传资源、种子、医药、关于动植物群特性的知识、口述传统、文学作品、设计、体育和传统游戏、视觉和表演艺术。他们还有权保持、掌管、保护和发展自己对这些文化遗产、传统知识和传统文化体现方式的知识产权。
Nagoya Protocol
生物多样性公约关于获取遗传资源和公正和公平分享其利用所产生惠益的名古屋议定书
Comment 1
《关于获取遗传资源和公平公正分享其利用所产生惠益的名古屋议定书》是一项国际协议,旨在通过公平、公正的方式共享遗传资源及利用其产生的惠益。
Escazú Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean
5.2
The exercise of the right of access to environmental information includes:
5.2 The exercise of the right of access to environmental information includes:
5.2.a
requesting and receiving information from competent authorities without mentioning any special interest or explaining the reasons for the request;
5.2 The exercise of the right of access to environmental information includes:
5.2.b
being informed promptly whether the requested information is in possession or not of the competent authority receiving the request;
5.2 The exercise of the right of access to environmental information includes:
5.2.c
being informed of the right to challenge and appeal when information is not delivered, and of the requirements for exercising this right.
5.3
Each Party shall facilitate access to environmental information for persons or groups in vulnerable situations, establishing procedures for the provision of assistance, from the formulation of requests through to the delivery of the information, taking into account their conditions and specificities, for the purpose of promoting access and participation under equal conditions.
5.4
Each Party shall guarantee that the above-mentioned persons or groups in vulnerable situations, including indigenous peoples and ethnic groups, receive assistance in preparing their requests and obtain a response.
6.1
Each Party shall guarantee, to the extent possible within available resources, that the competent authorities generate, collect, publicize and disseminate environmental information relevant to their functions in a systematic, proactive, timely, regular, accessible and comprehensible manner, and periodically update this information and encourage the disaggregation and decentralization of environmental information at the subnational and local levels. Each Party shall strengthen coordination between the different authorities of the State.
7.15
In the implementation of the present Agreement, each Party shall guarantee that its domestic legislation and international obligations in relation to the rights of indigenous peoples and local communities are observed.
8.2
Each Party shall ensure, in the framework of its domestic legislation, access to judicial and administrative mechanisms to challenge and appeal, with respect to substance and procedure:
10.2
Each Party, in line with its capacities, may take, inter alia, the following measures:
ACHR
American Convention on Human Rights
26
The States Parties undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador)
11.2
The States Parties shall promote the protection, preservation, and improvement of the environment.
ACHPR
African Charter on Human and Peoples' Rights
22.1
All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
24
All peoples shall have the right to a general satisfactory environment favourable to their development.
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
18.2
States Parties shall take all appropriate measures to:
18.2.a
ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
18.2.c
protect and enable the development of women’s indigenous knowledge systems;
CBD
Convention on Biological Diversity
15.1
Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation.
15.2
Each Contracting Party shall endeavour to create renditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties and not to impose restrictions that run counter to the objectives of this Convention.
15.3
For the purpose of this Convention, the genetic resources being provided by a Contracting Party, as referred to in this Article and Articles 16 and 19, are only those that are provided by Contracting Parties that are countries of origin of such resources or by the Parties that have acquired the genetic resources in accordance with this Convention.
15.4
Access, where granted, shall be on mutually agreed terms and subject to the provisions of this Article.
15.5
Access to genetic resources shall be subject to prior informed consent of the Contracting Party providing such resources, unless otherwise determined by that Party.
15.6
Each Contracting Party shall endeavour to develop and carry out scientific research based on genetic resources provided by other Contracting Parties with the full participation of, and where possible in such Contracting Parties.
15.7
Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, and in accordance with Articles 16 and 19 and, where necessary, through the financial mechanism established by Articles 20 and 21 with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources. Such sharing shall be upon mutually agreed terms.