The Judicial Protection of the Right to Health in the Mexican Amparo: Analysis of the Mini Numa Case

Abstract

Based on the protection granted to the extremely poor leaders of an indigenous community for the violation of their right to health, the author tries to build an argument to be used for the legal protection of this right in the context of the Inter–American System of Human Rights. It is just possible to do justice in concrete acts that cause a real and quantifiable damage that can be imputable to the State. The direct violation to this type of rights is not as problematic as the judicial review of progressivity, that is, the judicial review of the public policy.