Del Asistencialismo a la Justicia Social: El Derecho a la Salud y su Consolidación en la Protección de Niñas, Niños y Adolescentes con Cáncer

This article analyzed the historical and legal process through which the right to health in Mexico shifted from being conceived as an act of charity to becoming a human right, with special focus on its impact on children and adolescents with cancer. Its purpose was to highlight the challenges faced by the Mexican State in guaranteeing oncological care for minors, despite the constitutional recognition of this right. It examined how, although the 1917 Constitution already recognized health as a social right, it was not until 1983 that it was considered a guarantee of equality, and not until 2011 that it was elevated to the status of a human right. However, the elimination of the Seguro Popular and the implementation of INSABI in 2020, without a clear strategy, weakened the financing mechanisms and disrupted the distribution of cancer medications, seriously affecting medical care for this vulnerable group. In this context, the General Law for the Early Detection of Cancer in Childhood and Adolescence was evaluated as a key legal instrument to reverse this situation and effectively restore the right to health. The analysis concluded that constitutional recognition alone was not enough and that ensuring this right required ongoing institutional commitment, clear public policies, and effective protection mechanisms to guarantee its real-world implementation.