The Human Right to Health: A study from a critical law perspective

The aim of this paper is to analyse and criticise the legal process through which the meaning of the human right to health has been created, identifying the discomforts that have made possible not only its emergence but also its existential permanence. This process will be contextualised preferably in Mexico, and specifically in the indigenous communities of the state of Oaxaca. In order to problematise the issue, we will use the legal-philosophical categories of critical law proposed by Joaquin Herrera Flores. With regard to the processes of care-health-illness we will use the concepts of medical anthropology with keys of critical theory in order to approach health as a social, cultural, and creative process that determines certain parameters or standards of normality of the body-soul of the individual and the social body; this will allow us to show that in the face of the hegemonic biomedical model there are traditional and self-care models.