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Fernanda Cobo-Armijo1, Sofía Charvel2, Blanca Estela Pelcastre-Villafuerte3

  • 1Programa de Derecho y Salud Pública, Departamento Académico de Derecho, ITAM. Ciudad de México, México. fernanda.cobo@imss.gob.mx.

Salud Publica De Mexico
|May 14, 2021
PubMed
Summary

Key stakeholders in Mexico hold diverse views on the judicialization of health rights, with some seeing it as a catalyst for change and others as illegitimate interference. A coordinated strategy for health sector improvement is lacking.

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Area of Science:

  • Public Health
  • Health Law
  • Health Policy

Background:

  • The judicialization of health rights in Mexico involves legal actions to secure healthcare access.
  • This process has gained prominence, leading to varied perspectives among stakeholders.
  • Understanding these viewpoints is crucial for effective health policy development.

Purpose of the Study:

  • To explore the opinions of key stakeholders regarding the judicialization of the right to health protection in Mexico.

Main Methods:

  • Semi-structured interviews were conducted with 30 representatives from the Judicial Power, Legislative Power, Health Sector, pharmaceutical industry, academia, and civil society organizations.
  • Interviews took place in Mexico City between May 2017 and August 2018.
  • Transcribed interviews underwent content analysis based on predefined categories.

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Main Results:

  • Stakeholder opinions on health rights judicialization are diverse, revealing significant tensions.
  • Some view judicialization as a potential driver for positive change within the health sector.
  • Others perceive it as an illegitimate intrusion by the Judicial Power into the Health Sector, with no coordinated strategy for health system improvement.

Conclusions:

  • Perspectives on health rights judicialization in Mexico are varied and often conflicting.
  • Tensions exist between viewing judicialization as a change agent and as an illegitimate judicial interference.
  • A lack of coordinated strategies among sectors hinders progress in improving the health system through this mechanism.