Health as a Fundamental Human Right
“Health is a fundamental human right that must be protected,” according to the World Health Organization. The importance of safeguarding health cannot be overstated, as it directly impacts the well-being and quality of life for individuals worldwide.
CONAMED and State Commissions: Key Players in Health Service Conflicts
The National Commission for the Evaluation of Government Performance (CONAMED) and state commissions play a crucial role in managing conflicts related to both public and private healthcare services. Their responsibilities include providing guidance, offering expert advice, and addressing immediate concerns.
CONAMED’s 2024 Annual Report: A Snapshot of Their Work
According to CONAMED’s 2024 Annual Report, they provided:
- 10,715 orientations
- 16,981 specialized consultations
- 5,259 immediate actions
- 535 rulings
- 172 technical medical opinions issued
- 2,663 complaints received, of which 2,449 were addressed
This totals 36,111 cases handled by CONAMED.
Public vs. Private Health Services
The report further reveals that 72.3% of their services were related to public health, while 27.7% pertained to private health services.
Low Awareness and Limited Impact
Despite their efforts, CONAMED and state commissions remain largely unknown to the general public. In 2024, an alarming 44.5 million people in Mexico (over seven times Denmark’s population) lacked access to healthcare services, representing 34% of the total population.
Mediation: A More Effective Alternative
Mediation, a process guided by an impartial third party with expertise in the relevant field, offers numerous advantages over other conflict resolution methods. It encourages direct participation from those involved, fostering collaborative decision-making and tailored solutions.
CONAMED’s Limited Use of Mediation
Since its inception, CONAMED and state commissions have not effectively utilized mediation to manage conflicts arising from healthcare service delivery. Various initiatives have been attempted to enhance their personnel’s mediation skills, including:
- A 2012 collaboration between CONAMED and the Tribunal Superior de Justicia del Distrito Federal to train personnel as mediators
- Courses in mediation offered by the Instituto de Mediación de México to commission staff
Unfortunately, these efforts appear to have stalled.
Strengthening Health Protection through Mediation
Incorporating mediation into CONAMED’s toolkit of alternative dispute resolution mechanisms, as proposed in the presidential initiative to reform the Ley General de Salud, will bolster the right to health protection.
The supplementary application of the Ley General de Mecanismos Alternativos de Solución de Controversias will increase CONAMED’s visibility and effectiveness.
