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The national panorama is complex and delicate, public issues are discussed that have to do with the political, social and economic environment, immersed in a growing pandemic of infections and the death of over one hundred thousand citizens; Insufficiency of health facilities, lack of medicines and specialized health personnel for the care of those concerned, a situation that updates a probable and widespread violation of the right to health, on which no congress has ruled by promoting an investigation by the CNDH. The right to health and its protection, the Supreme Court, is placed in the dimension of the individual and the social, noting that, as an objective of the State, which it can legitimately pursue, being a fundamental right recognized in Article 4. Constitutional law, which expressly establishes that everyone has the right to health protection, adds that we must not lose sight of the fact that this right has an individual or personal, as well as public or social, projection of health protection. individually, it results in obtaining a certain general well-being constituted by the physical, psychic, emotional and social state of the person, from which another fundamental right derives, constituted by the right to physical-psychological integrity.
Based on this, he stresses, the state has a constitutional interest in providing individuals with adequate health and well-being. On the other hand, the social or public aspect of the right to health consists in the duty of the state to address health problems affecting society in general, as well as to establish the mechanisms necessary for all people to have access to health. Health services. The foregoing includes the duty to take the necessary actions 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.
Now that the pandemic has lasted for an extended period of more than nine months, causing more than one hundred thousand deaths and infections that have amassed more than one million, the shortcomings of the national health system have been objectively and painfully exposed. entire federal structure of government at its three levels, attributable to the past and present as acts of serious omission that have generalized serious damage to the health and physical, mental, emotional, individual and social of the inhabitants of the Republic.
President López Obrador has repeatedly stated that everything is due to neoliberalism, corruption, impunity of previous governments, but also to professionals and those responsible for managing the pandemic, its spread, the lack of infrastructure, medicines and inputs in general, omissions are also reported in terms of initial decreed measures which, according to some experts, were insufficient, such as the use of mouth covers, the restriction to airports and borders that linked to the past join that chain of acts that are not been treated in a timely manner.
It seems that the austerity and savings measures implemented have not been sufficient to inhibit, in the short term, the consequences of the growing spread of the virus, except that, according to the doctors, there are not enough medicines to treat the condition, nor with personnel. specialized doctor necessary to apply them in a timely manner; the problem of ventilators being applied incorrectly and causing the lungs to explode and death of the patient.
Thus, a serious and permanent violation of the right to health and well-being of Mexicans has been updated before more than ninety years of omissive acts of governmental power, resulting from the intensity, breadth, generality and prolongation over time, causing multiplied death. of people within the implemented framework who have not been able to reduce the harmful effects of the pandemic.
Curiously, the issue was not discussed in any congress to ask the CNDH to exercise the investigative powers, which corresponded to the Court of Cassation, on the causes and consequences of the shortcomings of the health system attributable to the past and the current administration, such as violations serious and generalized, since it is evident that, according to the jurisprudential criterion invoked, the violations of the rights and welfare of the Mexican people are evident.
It is important to reiterate that the international criteria on the subject state that the right to health is progressive during a certain period should not be interpreted as meaning that they have a concrete and constant obligation to advance as quickly and effectively as possible towards its full realization as in the other rights and there is a strong presumption that regressive measures taken in relation to the right to health are not admissible. If deliberately regressive measures are taken, it is for the State party to demonstrate that they have been applied after the fullest examination of all possible alternatives and that such measures are duly justified by reference to all rights established in international covenants in relation to full use. of the maximum available resources of the State.
The Supreme Court has ruled that it is the state’s obligation to adopt laws and other measures to ensure equal access to health care and health services provided by third parties; ensure that the privatization of the health sector does not pose a threat to the availability, accessibility, acceptability and quality of health services; control the marketing of medical equipment and drugs by third parties and ensure that doctors and other health professionals meet the necessary conditions of education, experience and ethics.
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