Academic analysis of the ruling issued by the plenary session of the Supreme Court of Justice of the Nation in the direct amparo case under review 6213/2025
DOI:
https://doi.org/10.29105/dj6.11-227Keywords:
infectious case, distinction, extra-legal benefit, risk, health, positive measureAbstract
This analysis addresses the central issues of the resolution of direct appeal for review 6213/2026, regarding the debate on the unconstitutionality of section 10 of the Regulations on Infectious Diseases and Radioactive Emissions, incorporated into the collective bargaining agreement signed between the Mexican Social Security Institute (IMSS) and the National Union of Social Security Workers (SNTS). This section establishes the payment of an extra-legal benefit to
DESAFIOS JURIDICOS 2026
5
JUL. – DIC. Vol. 6 NUM. 11
employees of the IMSS who perform their duties with a high risk of infectious diseases, excluding those who do not perform their duties under the same conditions. Given this exclusion, the analysis examines whether the distinction between personnel is justified and reasonable, or discriminatory and arbitrary, and, furthermore, whether this regulation is recognized as a positive measure that the State or its private entities must adopt to guarantee the right to health for all people.
Downloads
References
Suprema Corte de Justicia de la Nación. (2026). Amparo directo en revisión 6213/2025. https://www2.scjn.gob.mx/juridica/engroses/3/2025/10/2_356300_7589_firmado.pdf
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2026 Xavier de Jesús Alcántar Bustamante, Amalia Guillén Gaytan
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
The authors who publish in this journal accept the following conditions:
- Authors will retain their copyright and guarantee the journal the right of first publication of their work, which will be simultaneously subject to the Creative Commons Attribution-NonCommercial 4.0 International License. That allows third parties to share the work as long as its author and its first publication are indicated in this magazine.
- Authors may make other independent and additional contractual agreements for the non-exclusive distribution of the version of the article published in this journal (eg, include it in an institutional repository or publish it in a book) provided that they clearly indicate that the work it was first published in this magazine.
- Authors are allowed and recommended to publish their work on the Internet (for example on institutional or personal pages) after the review and publication process, as it can lead to productive exchanges and a greater and faster dissemination of the published work ( See The effect of open access).
published journal, edited by the Autonomous University of Nuevo León, through its Faculty of Law and Criminology. Publication address: Av. Universidad s/n, Cd. Universitaria, C.P. 66455, San Nicolás de los Garza, Nuevo León, Mexico.