The Right to Healthcare Protection, an Unfulfilled Promise for Children and Adolescents with Cancer in Mexico: The Law on Timely Detection of Cancer in Childhood and Adolescence as a Mechanism for their Defense

Abstract

Health and its protection have become a matter of great concern in Mexico. Recognized as a fundamental right by the United Nations since 1948, enshrined in Article 4 of the Constitution, and supported by various international treaties, it remains difficult to guarantee in practice. This is reflected in an unfulfilled promise for thousands of children and adolescents with cancer who, in the face o the health system crisis and shortages of oncology medications, have seen their rights violated. The purpose of this article is to analyze the development of the right to health protection in Mexico as an evolving process that involves the entire population, emphasizing the need for effective regulatory mechanisms. Among these, the General Law on the Timely Detection of Cancer in Children and Adolescents stands out, conceived as a pioneering instrument to ensure timely access to medical care and reduce mortality. The methodology is based on documentary and normative analysis examining the evolution of the right to health, the international commitments assumed by the Mexican State, and the applicable legislation, contrasting the legal framework with the social and health realities. The findings show that, although the right to health has been formally recognized, structural violations persist that prevent its realization. However, this law represents a significant advance by establishing strategies for early detection and timely treatment, whose effectiveness will depend on political will and adequate resource allocation.