Abstract

MELGAR MANZANILLA, Pastora  and  MARQUEZ GOMEZ, Daniel. Regression of differenciation of functional systems in México due to COVID-19 pandemic: human rights system subsumed by political system. Derecho glob. Estud. sobre derecho justicia [online]. 2023, vol.9, n.25, pp.111-145.  Epub Jan 22, 2024. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v9i25.411.

The year 2020 came with SARS CoV-2 virus and COVID-19 pandemic. Governments all around the world have been forced to take measures to protect public health. On the one hand slack or risky measures can strain health care systems and put many lives in danger but, on the other hand, severe measures can entail significant economic, social and human rights burdens. In this paper using the deductive-argumentative method, we examine the effect administrative regulations that contain preventive and extraordinary measures due to COVID 19-pandemic issued by Mexican authorities along with a weak health system have on rule of law and, as a result, on human rights and the differentiated functional systems. We consider that through administrative rulings, the political system in Mexico is subsuming different social processes, jeopardizing human rights and the rule of law, and leaving citizens in a state of unnoticed fragility.

Keywords : Regression of differentiation; human rights system; COVID-19; Mexican health system; rule of law.

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