Chihuahua, Chih., May 24th, 2022.

Dear Clients and Friends.

We hereby inform you of the increasing lack of proper medical attention (supply of medicines, treatments and surgeries) for employees in due time and form by the State Social Security Institutions (IMSS and ISSSTE), which results in a violation of the human right to health due to the State’s inability or reluctance to comply with its obligation to guarantee said right to its citizens.

The aforementioned also has a direct impact on the companies, since the employee’s inability to receive timely medical attention results in the impossibility to resume their duties or performing them in a proper manner.

In light of the above, please note that recent criteria of the Federal Courts have determined that in the event that a lawsuit is filed alleging a violation of the right to health, this shall be understood in a broad sense. Additionally it foresees the State’ s need to justify the fact that it has made every effort to employ its resources to guarantee this right.

This translates into the fact that by means of the corresponding proceedings it is possible to ensure that immediate and timely attention is provided to the employees.

Likewise, various rulings of the Nation’s Supreme Court of Justice have determined that when due to the lack of timely and efficient attention by the State Social Security Institutions, an injury is caused to the health or life of the employees, this will be considered as an irregular administrative activity and, therefore, implies the State’s patrimonial responsibility, which entails that the authorities shall indemnify the employees for said harm.

In this sense, it is of utmost importance to consider this information, because in the event that a violation of the right to health of an employee by the State is detected, it is possible to guide the employee pursuant to these guidelines and, if applicable, claim the corresponding patrimonial responsibility for the benefit of the employees.

For further information on this matter, please contact Mr. Jorge Almanza Ríos, Partner of the Corporate Area and/or Mr. Sergio Salas Medrano, at the following e-mail address: jalmanza@iclmx.com and ssalas@iclmx.com.