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Monday, December 1, 2014
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Nature of the Case

Indirect amparo action 1669/2012, filed in the Third District Court on Administrative Matters at the Federal District against various responsible authorities, including the National Commission of Social Protection in Health, the Technical Committee of the Trust for the System of Social Protection in Health and the National Institute of Respiratory Diseases “Ismael Cosío Villegas” (INER). These authorities are accused of failing to take all necessary measures to guarantee and implement INER patients’ right to the enjoyment of the highest attainable standard of physical and mental health. The Center for Analysis and Research (FUNDAR), a member organization of the International Network of Economic, Social and Cultural rights (ESCR-Net), litigated the case in the federal courts of Mexico.

Enforcement of the Decision and Outcomes

The verdict of the SCJN is under deliberation and when released, the District Judge will be notified and will then issue the sentence and monitor the compliance of the responsible authorities. FUNDAR is going to advocate before Congress for the allocation of financial resources towards executing the decision, whether it be for the construction of a new clinic or for remodeling existing facilities in accordance with standards that enable the attainment of the highest level of healthcare.

Significance of the Case

This is the first time that the Supreme Court of Justice of the Nation has presided over a case based on the right to the enjoyment of the highest attainable standard of physical and mental health. Furthermore, it came out in favor of the obligation to the maximum use of available resources. This constitutes the first time that the SCJN has interpreted this obligation in conjunction with economic, social and cultural rights. Finally, it is also a step forward in relation to budgetary allocations and judicial power.

Groups Involved in the Case

The Center for Analysis and Research (FUNDAR) represented three INER patients who decided to file the amparo, with the assistance of the “Committee of HIV/AIDS patients using INER Health Services” (“USINER”).

Ruling