Every week 400 amparos arrive at the CDMX District Courts to request the Ministry of Health to vaccinate minors between 12 and 17 years of age against covid-19, according to Noé Franco, a lawyer for the Victim Advisory Department.
Before the immunization of children with comorbidities and also those who filed an amparo begins tomorrow, legal representatives of the latter have received calls from SSA personnel to ask for their patience, since they have had to respond to more than three thousand appeals, according to the own officials.
The Ssa will resume tomorrow the receipt of appeals after suspending it for a week on the grounds of an increase in infections among its administrative staff. “It is collapsing, that’s why he asked to close the offices, more than because of the contagions. The amparos not only require the application of the vaccine to minors, they also include a report to the courts. There are already more than three thousand, as they have argued, “Franco told Excelsior.
More than 3,000 shelters to vaccinate minors
Every week up to 400 defense requests reach the courts of Mexico City; Health offices reopen tomorrow after closing due to infections.
Up to 400 amparos arrive each week, and in turn, to the District Courts of Mexico City to request the Ministry of Health to vaccinate minors between 12 and 17 years of age, according to Noé Franco, lawyer of Victimal Counseling.
There are approximately 3,000 amparos that have entered the administrative area of the agency.
From the Health office, they have even called the legal representatives of minors, such as Noé Franco, to ask them to be patient, because they have had to respond to more than three thousand appeals, according to the employees of Health.
While minors with covid-19 request vaccines; The Ministry of Health suspended the receipt of protection for a week, supposedly due to an increase in infections in its administrative staff and tomorrow, October 18, it will reopen.
“The Ministry of Health is administratively collapsing, so it asked to close the offices. More than contagions (because Mexico City will already go to a green traffic light, starting tomorrow, with the lowest risk level of covid infections, since last June).
The amparos not only require the application of the vaccine to minors, it also includes a report to the courts. There are already more than 3,000, as they have argued, ”said lawyer Noé Franco.
Since last October 11, the path through the legal protection for minors suffered a setback, since from that day on, the administrative area stopped receiving the legal protection.
“The total closure of the receipt of documents is ordered in the Offices of Parties of the Direct Offices of the Secretary, the Undersecretariat of Prevention and Health Promotion and the Office of the Attorney General”, was published in the Official Journal of the Federation (DOF).
It was in June when the amparo lawsuits began to be presented to vaccinate adolescents between 12 and 17 years old. In note number 232021, through the Federal Commission for the Protection against Sanitary Risks (Cofepris), it was established that the Pfizer vaccine was the appropriate one to apply to that age group.
“So, having that certainty that the vaccine was no longer a risk for them, it was decided to ask the government for the opportunity to vaccinate minors. The legal tool, which we basically use, is the amparo trial, justified in the right to health protection, ”Franco explained.
At the beginning, when Noé began to enter the amparos and requested the administrative court to suspend the act, in two days the suspension was given and ordered the agency to vaccinate. And in a period of between three to eight working days, the Ministry of Health informed him a date and a place to vaccinate the protected adolescent.
“I currently have two pending cases, an adolescent, even diagnosed with bronchial asthma, who have not been given a vaccination date for more than a month,” said the lawyer.
The Undersecretary of Health, Hugo López-Gatell, reported on September 7, in a morning conference, that until that moment, the judges had delivered 262 protections to minors to be vaccinated. A month later there are 3 thousand shelters.
In addition, the Seventh District Court in Naucalpan based in the State of Mexico, determined that the federal Ministry of Health must inoculate all minors between 12 and 17 years of age with the Pfizer-BioNTech vaccine, (the only one authorized for those ages across the country).
The resolution signed by Claudia Gámez Galindo, acting secretary of the Seventh Court in Naucalpan, announces that the Health authorities have a period of 48 hours to modify the National Vaccination Policy (PNV) and minors can have access to the vaccine, regardless of their health status.
“To guarantee the human right to health, the State must adopt the necessary measures, up to the maximum of its available resources, to achieve its full effectiveness by all means.”
It should be noted that the suspension was granted in an amparo filed in favor of a single girl, but the court considered that there is no impediment for the measure to have general effects, since the human right to health is universal.
“It will be inevitable that all adolescents in Mexico have to be vaccinated and comply with the law to the resolution of the Seventh Court in Naucalpan. The authority will have to modify the National Vaccination Plan. In addition, the population most at risk are boys, girls and adolescents, because they have already returned to the classroom and are the only ones without a vaccine in this country. This right to health and the best interests of children must be protected, ”concluded Noé Franco.
In Mexico there are 14 million inhabitants who are between 12 and 17 years old.