By indirect amparo, a claimant sought the suspension of the Mexican National Vaccination Policy against COVID-19 on the grounds that, based on the established schedule, their son would not have received the vaccine before the start of 2021-2022 classes. After a district judge dismissed the action, the claimant appealed the decision.

By judgment of 18 March 2022 (Tesis: XVII.2o.P.A. J/6 K 11a.), the Second Collegiate Tribunal in Administrative and Criminal Matters for the 17th Circuit dismissed the request for suspension. It found that, in accordance with articles 15 and 126 of the Amparo Law, the mere fact that a child would receive vaccination after the beginning of the classes does not constitute an “act that poses a risk of deprivation of life”. The Court stressed that the need to respect the assigned date and schedule does not entail any additional risk of contagion nor poses a threat to the child’s health.

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