The Supreme Court of Justice of the Nation (SCJN) in Mexico has unanimously ruled that a regulation allowing differentiated benefits for medical personnel in high-risk areas at the Mexican Institute of Social Security (IMSS) is constitutional. This decision comes after a doctor challenged Article 10 of the Regulations for Infectiousness and Radioactive Emissions, arguing that it denied her equal benefits as other doctors. The SCJN sided with Minister Yasmín Esquivel Mossa, who emphasized that the regulation does not infringe on rights related to equality or the right to health.

In her opinion, Minister Esquivel pointed out that the nature of the medical profession inherently involves exposure to contagion risks, hence it is reasonable to establish different benefits for those working in particularly high-risk environments. She asserted that this differentiation is part of the Collective Labor Agreement with the IMSS, protecting the rights and health of medical personnel without discrimination. This ruling reinforces the idea that specialty roles within healthcare can necessitate tailored policies to ensure adequate protection for workers.

This ruling has broader implications for medical professionals across the country. By affirming the legitimacy of differentiated benefits based on risk, it sets a precedent that could influence future labor agreements within the healthcare system, enhancing the support provided to those in vulnerable positions. Furthermore, the ruling underscores the ongoing importance of addressing health risks faced by medical workers, especially during pandemics or similar health crises, ensuring their well-being while maintaining healthcare services in the community.