访问和利益分享的全球模式:对国家政策的全面审查
Gunnar V Ljungqvist1, Ciara M Weets1, Tess Stevens1
1Center for Global Health Science and Security, Georgetown University, Washington, District of Columbia, USA.
BMJ public health
|March 7, 2025
概括
全球卫生治理面临着对遗传资源的各种获取和利益共享 (ABS) 政策. 这项研究绘制了国家立法图,揭示了病原体和数字序列信息 (DSI) 政策的重大异质性.
科学领域:
- 全球卫生治理全球卫生治理
- 卫生政策 卫生政策
- 国际法 国际法 国际法
背景情况:
- 获取和利益共享 (ABS) 对于在全球卫生中公平地分配遗传资源的利益至关重要.
- 健康数据的数字化加剧了关于ABS,全球健康安全和健康公平的讨论.
- 有效的ABS实施依赖于国家一级的立法,将超国家协议转化为可执行的政策.
研究的目的:
- 在联合国所有193个成员国进行首次全面的,开放式的ABS政策映射.
- 分析国家一级ABS条约的实施情况,重点关注遗传资源,包括病原体.
- 确定和评估法律可执行的ABS政策,包括数字序列信息 (DSI) 的具体规定.
主要方法:
- 对193个联合国成员国的立法进行了标准化审查.
- 数据来源于全球法律数据库 (ABS清算中心,WIPOLEX,FAOLEX),国家法律数据库和系统的谷歌搜索.
- 提取了ABS立法的八个关键方面:范围,DSI,访问,事先知情同意,合同条款,利益分享,合规性和法律制裁.
主要成果:
- 104个国家拥有法律可执行的ABS政策,其中92个与微生物有关.
- 74个国家限制了对国内病原体的获取,53个国家规定了病原体资源的利益共享.
- 只有22个国家在ABS政策中对DSI编了立场;ABS和DSI政策的区域覆盖面显示出显著的差异.
结论:
- 在全球的政策格局中,存在着很大的异质性,用于获取和利益共享 (ABS).
- 这些发现为未来的国际协议和对ABS的研究提供了关键数据.
- 国家层面的政策变化凸显了与遗传资源相关的全球卫生治理协调的挑战和机遇.
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