Abstract

VARGAS RUIZ, María Magaly. Health System: Institutional Guarantee of the Right to Health Protection in Mexico. Rev. latinoam. derecho soc [online]. 2022, n.35, pp.391-421.  Epub Feb 07, 2023. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2022.35.17283.

In Mexico, the right to health is constitutionally protected; It imposes a progressive obligation on the State, subject to financial capacity. The Health System is the institutional guarantee for its implementation; This System was recently reformed, on November 29, 2019, to provide free health services, medicines and other supplies to the population without social security; as well as, to achieve the adequate integration and articulation of its institutions. Objective. Analyze the Mexican Health System as responsible for the institutional guarantee of the right to health. Methodology. A legislative analysis of the reform of the legislation related to the protection of the right to health was carried out, compared vs. the immediately preceding one. Results. It was found that the latest reform of the Health System would imply an important structural modification; as well as its sources of financing; However, as the organization of the health system is not substantially modified, it is limited to a nominal change influenced by the political context and its main actors, rather than by the need to institutionally guarantee the right to health towards universal coverage independently. of employment status or type of citizenship. Conclusions. The inclusion of fundamental rights in the field of health implies the implementation of public policies aimed at universal and equitable access to health; however, the fragmentation of the Health System is still the main challenge.

Keywords : Right to health; universal coverage; Mexico.