Litigation in Mexico and Vaccines

The Mexican legal system contains a mechanism called the “amparo,” which literally means “protection” in Spanish.

The “amparo” is a trial to protect human and constitutional rights when individuals believe their rights have been affected by any act of authority. Protected “individuals” include private companies such as those in the construction industry  as well as their employees.

 One important part of the amparo is that it allows for the “suspension” of any such act of authority.

The suspension may consist of an injunction against the act itself or not obligating the person requesting the suspension to comply with the act. In order for the judge to grant the suspension, the petitioner must request it expressly, and prove that the suspension is not contrary to public order and social interest.

The suspension can be granted provisionally pending a final decision, or definitively.

How is the amparo related to vaccines?

On June 24, 2021 the Federal Commission for the Protection against Sanitary Risks (Cofepris) issued the communication 23/2021 which authorized the Pfizer-BioNTech COVID-19 vaccine for the general population over 12 years old.

As a result, parents interested in vaccinating their children older than 12 years applied for their kids to be vaccinated. However, in one case, the request was denied.

Due to the imminent in-person return to school, the parents of the child who was denied vaccination intiated the amparo arguing violations to the right to health as well as the superior interest of children, stating that the return to in-person school would put students at greater risk of getting infected by Covid.

In that regard, the suspension was requested to order the vaccination of the child whose parents submitted the amparo.

By means of interim resolution dated August 16, 2021, a Federal District Judge granted the parents the provisional suspension requested, ordering the responsible authorities to perform the appropriate measures in order to comply with the plan of vaccination, and to vaccinate the child whose parents requested the amparo.

In conclusion, the amparo is a helpful institution to protect human rights, including the rights of minors and other sectors of the population that are at risk. Examples like this lead us to conclude that the amparo and the judicial system is helping the legal system as a whole to address important issues timely and fairly.

Author Juan Pablo Sandoval García is an Associate at COMAD, S.C. (www.comad.com.mx). His email address is jpsandoval@comad.com.mx.