The right to health in our country is established in Article 4 of the Political Constitution of the United Mexican States, which provides that “…Everyone has the right to health protection. The Law will define the bases and modalities for access to health services and will establish the concurrence of the Federation and the federal entities in matters of general health, in accordance with the provisions of section XVI of article 73 of this Constitution.”
The General law of health, regulation of article 4 of our Magna Carta, is the one that establishes the procedure and modalities through which the fulfillment of the object of this constitutional precept is carried out.
The right to health protection has the following objectives: predominantly, the preservation of physical well-being and mental of people, in order to contribute to the full exercise of their capacities, in accordance with the provisions of article 2 of the General Health Law.
He right to health protection in our legal system, consists of an obligation that originally and essentially corresponds to the State, which share with society and individuals, who participate in the financing of the respective public health services according to the recovery quotas established by the users of these and the social protection system, which are determined considering the cost of the services and the socioeconomic conditions of the beneficiaries ( exempting those who lack the resources to cover them from said charge). So it’s about a responsibility based on criteria of taxable capacity and income redistribution.
Consequently, for health we must understand: that state of complete physical well-being, mental and social, and not only the absence of conditions or diseases.
Therefore, the protection of health as an original obligation of the State cannot be limited to the provision of medical services to cure current illnesses and conditions, but, more importantly, to establish effective and timely policies and mechanisms for the prevention of diseases and evils that can be avoided to the extent possible or, if they occur, their consequences are less severe, in such a way that it is guaranteed that the population has the best possible quality during its life.
One of the serious ills of public, mental and emotional health is generated by the harassment or school bullying, that is, with the acts or omissions that, in a way repeated physical assault, psycho-emotional, patrimonially or sexually to a girl, boy, or adolescent; carried out under the care of educational institutions, public or private, as defined by the isolated thesis of the First Chamber of the Supreme Court of Justice of the Nation “SCJN”, under the heading SCHOOL BULLYING. ELEMENTS THAT MAKE UP ITS DEFINITION, consultable at: 1a. CCXCVIII/2015 (10a.), Gaceta del Semanario Judicial de la Federación. Tenth Period, registration 2010139. First Room. Book 23, October 2015, Volume II, Page 1638, Isolated Thesis (Constitutional).
Bullying can have catastrophic consequences, even causing irreparable emotional damage to the child who suffers it, so it must be addressed at the same level of importance as any other public health problem, or even more so, because it is a minors, whose interest is higher than that of any adult or even that of any other vulnerable group; as the First Chamber of the SCJN has maintained in the thesis of the category: SCHOOL BULLYING. THERE IS A DUTY OF DUE DILIGENCE OF THE STATE TO PROTECT AND GUARANTEE THE RIGHTS OF MINORS IN ACCORDANCE WITH THE PRINCIPLE OF THEIR BEST INTEREST, consultable in 1st CCC/2015 (10th) registration 2010140.
This is because the greater protection of their rights is not only justified by their situation of greater vulnerability, but also by the specific interest of society in ensuring that minors reach their full development and emotional and mental maturity.
As always, a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!
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