The national panorama is complex and delicate, public affairs are discussed that have to do with the political, social and economic environment, immersed in a growing pandemic of infections and the death of more than one hundred thousand nationals; Insufficiency of health care centers, lack of medicines and specialized health personnel to care for those affected, a situation that updates a probable serious and widespread violation of the right to health, about which no congress has pronounced promoting 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 social, noting that, as an objective in charge of the State, which it can legitimately pursue, since it is 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 projection, as well as a public or social one of health protection. individually, it translates into obtaining a certain general well-being made up of the physical, mental, emotional and social state of the person, from which another fundamental right is derived, consisting of the right to physical-psychological integrity.
Based on this, he emphasizes, the State has a constitutional interest in providing individuals with an adequate state of health and well-being. On the other hand, the social or public facet of the right to health consists of the State’s duty to address health problems that affect society in general, as well as to establish the necessary mechanisms so that all people have access to health Health services. The foregoing includes the duty to undertake the necessary actions to achieve this end, such as the development of public policies, quality controls of health services, identification of the main problems that affect the public health of the social conglomerate, among others.
Now that the pandemic has occurred for a prolonged period of more than nine months, causing more than one hundred thousand deaths and infections that accumulated more than one million, the deficiencies of the national health system have been exposed, in an objective and painful way, responsibility of the 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 expressed that everything is due to neoliberalism, corruption, impunity of previous governments, however, also to professionals and those responsible for managing the pandemic, its spread, lack of infrastructure, medicines and inputs in general, omissionary acts are also pointed out in terms of the initial measures decreed that, according to some experts, were insufficient, such as the use of mouth guards, the restriction at airports and borders that linked to the past unite that chain of acts that do not they were taken care of in a timely manner.
It seems that the austerity and savings measures implemented have not been enough to inhibit, in the short term, the consequences of the growing spread of the virus, except that, according to what the doctors have indicated, there are not enough medicines to treat the condition , nor with specialized medical personnel that is required to apply them in a timely manner; the issue of ventilators that have been applied incorrectly and caused the lungs to burst and the patient to die.
Hence, a serious and permanent violation of the right to health and well-being of Mexicans has been updated before more than ninety years of omissionate acts of government power, arising from the intensity, breadth, generality, and prolongation in time, causing the multiplied death of people within the implemented framework that has not been able to reduce the harmful 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 to the Supreme Court, of the causes and consequences of the deficiencies of the health system attributable to the past and to the current administration, such as serious and generalized violations, since it is evident that according to the invoked jurisprudence criterion, violations of the right and well-being of the Mexican people are evident.
It is relevant to reiterate that the international criteria on the subject claim that the right to health is progressive throughout a certain period should not be interpreted in the sense that they have a concrete and constant obligation to advance as expeditiously and efficiently as possible towards its full realization as in the case of other rights and there is a strong presumption that regressive measures adopted in relation to the right to health are not permissible. If any deliberately regressive measures are adopted, it is for the State party to demonstrate that they have been applied after the most exhaustive examination of all possible alternatives and that those measures are duly justified by reference to the totality of the rights set forth in international covenants in relation to the full use of the maximum available resources of the State.
The Supreme Court has held that it is the obligation of the State to adopt laws and other measures to ensure equal access to health care and health-related 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 care services; control the marketing of medical equipment and drugs by third parties, and ensure that physicians and other health professionals meet the necessary education, experience and deontology conditions.