Abstract

LOPEZ GAVITO, Elena; MARINELARENA MARINELARENA, Jorge Luis; CHOY GOMEZ, Jacobo  and  MORALES AGUIRRE, Ana Mariel. Legal view in México during COVID-19 contingency. Cir. gen [online]. 2020, vol.42, n.2, pp.109-115.  Epub Oct 04, 2021. ISSN 1405-0099.  https://doi.org/10.35366/95369.

The COVID-19 pandemic began in China at the end of 2019, with the first case arriving in Mexico City on February 27, 2020. Forcing the Mexican State to adopt extraordinary measures in the face of the health crisis to contain the pandemic and avoid contagion. Establishing emergency policies in order to provide medical care to those infected. Legislation in Mexico lives up to the circumstances, granting the executive and the General Health Council power to issue sanitary dispositions, which are mandatory at the national level, without any precedent, principles of freedom, equality, legal security and free practice of the profession, contemplated in the Political Constitution of the United Mexican States, are being restricted. In response to these extraordinary actions, the population in isolation confuses civil and political rights, as they are dominated by fear. In order to protect the nation, sanitary measures are instituted, and access to justice and human rights are restricted. On the other hand, medical care and health services are saturated, presenting a breach of the obligation to provide information to the patient, and to respect their autonomy, by not obtaining the informed consent; In addition to the inadequate documentation of the medical attention granted, in the clinical record. Decision making during a pandemic is affected by political decisions in order to achieve control of information. If these conditions continue, control of the information, of the public health system and the violation of fundamental principles will continue, even when the pandemic has been controlled.

Keywords : Legal emergency in SARS-CoV-2 pandemic; COVID-19.

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