Legal Framework of Health and Health Federalism: Analysis and Reflection on Mexico’s Health System

2023-11-07 15:49:44

As part of the ninth session of the Seminar “Analysis and Reflection on the Health System in Mexico”, held on October 27 and organized by the Seminar on Medicine and Health of the UNAM Faculty of Medicine in collaboration with the National Academy of Medicine of Mexico, the Mexican Academy of Surgery and the National Regulatory Committee of General Medicine, The topic “The legal framework of health and health federalism” was addressed.

In the “Dr. Alberto Guevara Rojas”, the event was moderated by Dr. Germán Fajardo Dolci, Director of the UNAM Faculty of Medicine, who welcomed and introduced the speakers.

During his intervention, Dr. José Ramón Cossío Díaz, retired Minister of the Supreme Court of Justice of the Nation, focused on the issue of health federalism in Mexico and the need to review the legal framework of health. First, highlighted the historical evolution of relations between the Federation and the states in regulation of various areas, including health. Furthermore, he pointed out the obsolescence of the current model, highlighting the urgency of a comprehensive review.

Also, he shared that Most of the problems he faced as minister were related to conflicts that concern the Federation, the states and the municipalities.rather than encountering purely human rights issues.

“One of the central problems of our country lies in the diversity of relationship models between the Federation and the states, depending on the moment in which a certain matter has been legislated or regulated over time,” mentioned Dr. Cossío Díaz. He also noted that “this leads to a proliferation of models in federal affairs, which means that we are accumulating structural problems and generating inefficiencies instead of solving them.”

Next, Dr. Sergio García Ramírez, Professor Emeritus of the UNAM Law School, provided an interesting perspective on the medical and legal professions. In his analysis, he highlighted that both fields of work are intrinsically related to people’s lives, although at different times and in different ways.. While medicine accompanies individuals from before their birth until their death, the legal profession guides them throughout their life and, sometimes, even following life through the use of wills.

Responsibility is a common element that unites both professions, since both have a commitment to society and must consider the consequences of their actions on people’s lives.for the same reason it translates into intense criticism of their performance.

Later, he addressed the importance of both professions in relation to the notion of “salvation.” Doctors offer salvation by trying to preserve and improve the lives of individuals through science and medical care, while lawyers participate in this element by handling legal matters, representing and defending the rights of people; therefore, Both professions are connected to the preservation and quality of life, contributing to a crucial position in society.

Photographs: Brisceida López

In the last part of his presentation, Dr. García Ramírez stressed that Both professions communicate through goodwill and commitment to society, building a bridge that reinforces the crucial role in the well-being and justice of Mexican society.

In the session broadcast by Facebook Live y YouTubeDr. Luis Raúl González Pérez, Interim President of the Board of Directors of Club Universidad, AC, offered his point of view from the perspective of the protection of human rights in the context of medical care. He stressed that the medical record is not only a set of technical requirements, but also constitutes the right to know the truth; However, the overwhelming number of requirements makes the work of doctors difficult and is one of the main causes of human rights complaints.

Likewise, he mentioned the importance of the national and international legal framework and how the issue of obstetric violence has been addressed. This form of violence, exercised by health professionals on the body and reproductive processes of women, manifests itself in various ways, such as mistreatment, humiliation and insults.
The speaker highlighted the need to address this problem and ensure that dignified and respectful medical care is provided.

Dr. Arnoldo Kraus Weisman, professor at the UNAM School of Medicine, provided an intervention that explored the intricate relationship between law and medicine. He raised concerns regarding the decline in the doctor-patient relationship, attributing this, in part, to the intervention of lawyers and insurance companies in the health system. Likewise, he pointed out the link between poverty and health, expressing that limited access to medical care implies a violation of human rights.

Finally, he emphasized the importance of bioethics as the science of survival, not only of individuals, but also of society and the planet. He made reference to the fundamental principles of bioethics, including beneficence, non-maleficence, justice and autonomy, underscoring the need to raise awareness of these attitudes both at the individual level and in government policies and at the global level.

The next session of the Seminar “Analysis and Reflection on the Health System in Mexico” will take place at the Faculty of Medicine on November 24.

By Luisa Vera

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