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#InvitedColumn | Judicialization of public health policies

#InvitedColumn | Judicialization of public health policies

Faced with a panorama in which medical care and the supply of medicines have been seriously affected, patients have found it necessary to resort to legal instruments such as amparo in order to guarantee the protection of their right to health. Some illustrative examples are the appeals filed by parents in favor of the vaccination of minors against Covid-19, for the supply of cancer treatments, against the denial of medical services, and for the supply of necessary medications for conditions such as HIV, diabetes, high blood pressure, among others.

Particularly noteworthy is the resolution, referred to in multiple media, by means of which the Nineteenth Collegiate Court in Administrative Matters of the First Circuit resolved the complaint appeal 188/2020 in favor of the Mexican Association of Pediatric Onco-Hematology (Amohp), so that the heads of the Ministry of Health (Ssa), Finance and Public Credit (SHCP) and their Senior Officials Office protect 260 girls, boys and adolescents with cancer from the Hospital de Especialidades by supplying drugs and chemotherapy treatments Pediatric of Tuxtla GutiƩrrez, Chiapas.

In this sense, and in full knowledge that the creation of public policies corresponds mainly to the federal Executive, from a broader perspective, it should be emphasized that both the Legislative Power and the Judicial Power intervene in the process of their design, either empowering legally to the Executive Power to act or by issuing sentences that seek to remedy the inactivity of the authorities.

An example of the above are the recent rulings issued by the Supreme Court of Justice of the Nation (SCJN) regarding the constitutionality parameters of conscientious objection, recreational self-consumption of cannabis and THC, legal interruption of pregnancy and procedural legislation. in matters of Daily Justice, which must be attended by the Congress of the Union.

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