Amparo in revision 227/2020 “Public health institutions must guarantee the treatment required by patients with HIV/AIDS in a timely, permanent, constant and uninterrupted manner”

Abstract

The SCJN, in issuing this resolution, which speaks of the obligations of the Mexican Institute of Social Security to respect the right to health of people with HIV, imposes the obligation on all judicial authorities of the federal and common jurisdiction, to issue their resolutions and sentences taking into account this criterion, the problem is that the judgment of the amparo, Due to the principle of relativity, it only binds the parties to the conflict, and not the rest of the administrative authorities of the health sector, that is, in the event that a violation occurs again, the other people must promote the amparo lawsuit so that they can assert the interpretation of the human right to health made by the SCJN. Hence the importance of publicizing this jurisdictional criterion coming from the First Chamber of the Supreme Court of Justice of the Nation.