Because the Mexican State has the obligation to adopt all the necessary measures to achieve the full effectiveness of human rights, Claudia Gámez Galindo, acting secretary of the Seventh District Court in the State of Mexico, ordered the federal government to vaccinate against Covid-19 to all minors between 12 and 17 years old, regardless of their health conditions.
By granting a provisional suspension in an amparo promoted by the parents of two minors, the gown extended this precautionary measure to all Mexican minors from the age of 12, so that the authorities “update or add the 'National Policy of vaccination against the SARS-COV-2 virus for the prevention of Covid-19 in Mexico ', in which all minors of that age group are considered ”, details the resolution whose copy has HIGH LEVEL .
The deadline to comply with this ruling is 48 hours, as of the notification of the same to both the Ministry of Health and the Presidency of the Republic, in addition to the fact that the judge details that the vaccine that must be applied to minors age has to be that of Pfizer BioNtech, "because it is the only one that has so far been authorized its emergency application" in children and adolescents.
The gown recalls that said authorization was already given in Mexico by the Federal Commission for the Protection against Sanitary Risks (Cofepris), while the use of biological in minors also has the consent of international health authorities.
It should be noted that this judicial determination, as it is a provisional suspension, admits against the appeal of complaint that can be promoted by the Ministry of Health or the head of the federal Executive to try to reverse it, in accordance with article 97 of the Amparo Law .
The Undersecretary of Health, Hugo López Gatell, reported on Tuesday that they have not yet been notified of the suspension, which would be analyzed. The official added that, in any case, the health agency has the order of President López Obrador to respect the rulings of the Federation's Judicial Power.
According to the Amparo Law, failure to comply with a suspension, provisional or definitive by the administrative authorities, deserves to be sanctioned up to the dismissal of the official designated as responsible, in addition to his consignment before the Public Ministry.
Broad and retroactive effects
The judge ordered that the Covid-19 vaccine for all minors between 12 and 17 years old must be applied in our country between July of this year and March 2022, so the suspension has retroactive effects to the seventh month of 2021, which implies protecting all adolescents who have been rejected to obtain the biological one.
In their request for protection, the parents of two minors indicated as authorities responsible for omitting vaccination in healthy minors: President Andrés Manuel López Obrador, the Secretary of Health, Jorge Alcocer; the Governor of the State of Mexico, Alfredo del Mazo; and the Secretary of Health of that entity, Francisco Javier Fernández.
The omission that they are claimed has had "as factual consequences" the refusal to inoculate minors "due to the fact of being in an age group not considered in the National Vaccination Program against Covid 19", can be read in the provisional suspension granted .
The refusal to vaccinate this sector of the population has not considered article 4 of the Constitution, number 25 of the Universal Declaration of Human Rights, as well as article 12 of the International Covenant on Economic, Social and Cultural Rights.
These standards, the resolution adds, indicate that everyone has the right to an adequate level to ensure their health, so the State must make this prerogative effective to the maximum of its possibilities, so that all people enjoy "the most possible high level ”of the right to health in its physical and mental variants.
Likewise, Claudia Gámez Galindo, acting secretary of the Seventh District Court of the State of Mexico, recalls that the right to receive a vaccine is universal and free in the case of minors, which becomes an obligation for the federal public administration and also for the authorities of the federative entities.
So far, in courts of the Judicial Power of the Federation throughout the country, more than 300 amparos have been received requesting vaccination against Covid-19 in minors.
Although initially the Ministry of Health had refused to include this sector in the vaccination plan, after the first sentences in favor of minors the authority backed down and included minors who had an autoimmune disease, or any other, to receive the biological suffering that made them vulnerable.
In contrast, the judge's resolution points out that, although it is a priority to vaccinate children with a pre-existing disease against Covid-19, healthy minors are not exempt from contagion, since the SARS-COV2 virus “can cause them serious damage to his health or even to lose his life ”.
Considering that all minors between 12 and 17 years old, regardless of their health conditions, are susceptible to becoming ill with this virus, the authorities must include us in the National Vaccination Program, also taking into account the Delta variant of Covid-19, which is characterized "by having greater transmissibility and also affecting younger population groups," concludes the robe.
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