Deficits of the exception Mexican law and challenges in matters of general health

Abstract

Mexican Constitution has a tool, contained in its article 73, section XVI, which contains special provisions in the event of a health emergency, known as Extraordinary Action in Health Matters (AEMS, in spanish acronym). However, this mechanism has some gaps and gray spots that present areas of opportunity to make it more respectful of the rule of law. During the pandemic, this was the instrument activated to create a legal framework for effective action to combat the virus. Similarly, Article 29 of the same Constitution regulates the restriction and suspension of rights, potentially applicable also to situations of this nature, among others; however, this article lacks a regulatory law to develop and specify its content. More than three years after the implementation of the AEMS, and with the perspective that this gives us, the time has come to reflect on it, as well as to make some proposals regarding the challenges it poses.