Cossío-Díaz JR

Language: Spanish
References: 0
Page: 251-256
PDF size: 72.78 Kb.

ABSTRACT

This article summarizes the Court’s ruling regarding the constitutionality of the Official Norm “NOM-046-SSA2-2005”. Jalisco’s Governor challenged the validity of the referred norm arguing that it was against articles 4, 5, 14, 16, 20, 21, 29, 31-IV, 49, 73, 74, 89-I, 123, 124 y 133 of the Federal Constitution. The Supreme Court disregarded Governor’s claim and determined that the members of the National Health System are obliged to offer and give the “day after pill” to sexual violation victims. According to article 5 of General Health Law, the National Health System includes private and public hospitals, whether they are local or federal. This means that all these health institutions have the obligation to observe the dispositions contained in the appealed Official Norm. Given the significance of the Court’s ruling in the medical sphere, in this article the most relevant issues of the Court decision and its implications are analyzed.