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

Authors

  • Pedro de Jesús Pallares Yabur

Keywords:

available resources; public policies; social rights; protection; resources; progressivity; justiciability; poverty; indigenous; right to health.

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.

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Published

2023-06-09

Issue

Vol. 1 (2011)

Section

Case Commentary

License

This journal and its works are published under the Creative Commons Atribución-NoComercial-CompartirIgual 4.0, which allows users to download, share, copy, and redistribute the material in any medium or format, provided that appropriate credit is given and a link to the license is included. It also permits users to remix, transform, and build upon the material, provided that any resulting work is distributed under the same license as the original. It does not authorize the use of the content for commercial purposes.

This license does not transfer moral rights, which remain with the author in accordance with copyright law.

How to Cite

Pallares Yabur, P. de J. (2023). The Judicial Protection of the Right to Health in the Mexican Amparo: Analysis of the Mini Numa Case. Revista Internacional De Derechos Humanos, 1, 197-218. https://ojs.austral.edu.ar/ridh/article/view/1099