The national panorama is complex and delicate, discussing public affairs related to the political, social and economic environment, plunged into a growing pandemic of infections and the deaths of more than one hundred thousand nationals; Inadequate health centers, lack of medicines and specialized health personnel to care for those affected, a situation that updates a likely serious and widespread violation of the right to health, which a Congress has not decided to promote an investigation by part of the CNDH . The right to health and its protection, the Supreme Court places in the dimensions of the individual and the social, noting that, as an objective charged under the responsibility of the state, which it can legitimately pursue, it is a fundamental right that is recognized in Article 4. Constitutional law, which expressly states that everyone has the right to health protection, adds that we should not lose sight of the fact that this right has an individual or personal projection as well as a public or social radiance of health protection. individually it translates into the attainment of a particular common good consisting of the person’s physical, mental, emotional and social state, from which is derived another fundamental right, namely the right to physical-psychological integrity.
On this basis, he emphasizes, the state has a constitutional interest in providing adequate health status and well-being to individuals. On the other hand, the social or public aspect of the right to health consists of the duty of the state to address health problems affecting society in general, and to establish the necessary mechanisms for all people to have access to health services. Healthcare. The foregoing includes the duty to take the necessary measures to achieve this goal, such as the development of public policies, quality controls of health services, identification of the main problems affecting the public health of the social conglomerate, among others.
As the pandemic has raged over an extended period of more than nine months, resulting in more than 100,000 deaths and more than a million infections, the deficiencies of the national health system have emerged in an objective and painful way. responsibility of the entire federal structure of the government on its three levels, attributable to the past and the present as serious negligence causing general serious damage to the health and physical, mental, emotional, individual and social of the residents of the Republic.
President López Obrador has repeatedly said that everything is due to neoliberalism, corruption, impunity from previous governments, as well as professionals and those responsible for managing the pandemic, its spread, lack of infrastructure, medicines and inputs into it. Generally speaking, acts of negligence are also noted in terms of the measures initially enacted that some experts considered insufficient, such as the use of mouthguards, the restriction at airports and boundaries related to the past that unite those series of acts that they were not caught in a timely manner.
It seems that the austerity and austerity measures implemented have not been enough to slow down the effects of the growing spread of the virus in the short term, except that, according to what the doctors have indicated, there are not enough drugs to treat the condition nor with specialized medical personnel needed to apply them in a timely manner; the issue of ventilators fitted incorrectly and bursting the lungs and causing the patient to die.
Therefore, a serious and permanent violation of the right to health and well-being of Mexicans has been brought up to date before more than ninety years of governmental negligence, which arose from the intensity, breadth, generality, and extension over time, causing the multiple deaths of people within implemented framework that failed to mitigate the damaging effects of the pandemic.
Curiously, the matter has not been discussed in any Congress to ask the CNDH to exercise the powers of investigation, which corresponded with the Supreme Court, into the causes and consequences of the health system failures due to the past and to the current administration. , such as serious and general violations, as it is clear that according to the jurisprudence criterion invoked, the violations of the right and welfare of the Mexican people are clear.
It is pertinent to reiterate that the international criteria in this field claiming that the right to health is progressive over a period of time should not be interpreted as having a concrete and ongoing obligation to make progress as quickly and effectively as possible. realization as in the case of other rights and there is a strong suspicion that regressive measures taken with regard to the right to health are not permissible. If regressive measures are taken intentionally, it is for the State Party to demonstrate that they have been applied after a thorough examination of all possible alternatives and that those measures are duly justified by referring to all rights granted in international law. treaties are set forth regarding the full use of the maximum available resources of the state.
The Supreme Court has ruled that it is the state’s obligation to pass laws and other measures to ensure equal access to healthcare and health-related services of third parties; ensure that privatization of the health sector does not threaten the availability, accessibility, acceptability and quality of health care; supervise the marketing of medical devices and medicines by third parties, and ensure that physicians and other health professionals meet the necessary conditions for training, experience and deontology.