Health rights: state of emergency in Mexico

Abstract

The present study examines the complex relationship between the right to health and the state of emergency in Mexico, highlighting the interdependence between the survival of the State and the effective protection of human rights, based on the understanding of the human being as a natural social phenomenon, it is emphasized that health is not only an individual right, but also an essential component of the common good, whose guarantee falls on the State as guarantor of coexistence and social order. In exceptional contexts such as the state of emergency, the State is legitimized to adopt extraordinary measures, always under principles of proportionality, legality and respect for human dignity, in order to preserve the population, but also ensuring its operational capacity and institutional stability. These measures, although they may imply temporary restrictions on certain rights, seek to protect collective health and ensure the continuity of essential services. The analysis highlights that the protection of the right to health cannot be seen as an isolated objective, but in relation to other rights that are interdependent, and that state action must be supported by scientific evidence and technical criteria to maintain the necessary balance between urgency and justice. Likewise, it is emphasized that the survival of the State is not an end in itself, but rather the condition that allows the full exercise of human rights. Finally, the work emphasizes the need to strengthen legal, administrative and technical mechanisms so that the management of the right to health in emergency situations is effective, transparent and respectful of fundamental rights, thus contributing to a fairer, safer and healthier society in the Mexican context.