ABSTRACT
Resumen En la literatura académica son muy escasos los esfuerzos en los que se analiza, desde la disciplina de la política pública, a un derecho humano específico. Para este trabajo se analizará el caso de la salud mental como derecho humano en Quintana Roo, México. Para dar cumplimiento a lo anterior, se planteó una metodología de revisión histórico-documental que permitió analizar si existen elementos básicos de política pública en materia de salud mental en Quintana Roo. Entre los resultados se encontró que, si bien ya existe un piso mínimo de política pública, no hay condiciones de infraestructura suficientes para poder considerar a la salud mental como derecho humano. Esto deja abierta la puerta a que este trabajo sea el ápice de la discusión sobre la necesidad de generar políticas públicas enfocadas a generar infraestructura física que permitan, en el mediano y largo plazo, considerar la idea de que la salud mental sea derecho humano.
Abstract An elementary condition of any human right is that once it appears in legislation, the government, be it federal, regional or local, is obliged to provide both legal and political conditions as well as physical infrastructure to guarantee full access and enjoyment of the human right in question. Thus, in the academic literature, the analysis of human rights focuses mainly on those which already have that status (access to education, non-discrimination, political rights, children's rights, indigenous rights, women's rights, political rights, property rights, human rights for older adults), leaving aside those which do not yet have a status as human right, but which it should be, such as mental health, for example. And it is precisely on this topic that this document focuses. From the foregoing, it follows the observation that it is very evident that academic discussions on human rights focus on jurisprudential and jurisdiction issues, however, there are very few articles where these are analyzed from the discipline of public policy, and are stillness where the viability of a right to become a human right is analyzed from a perspective where psychology and public policy are involved. Even though health in its broadest definition considers mental health as one of its components, the reality is that public health policy has prioritized physical health over mental health, which is undoubtedly an operationalization bias. This forces a review of the conditions that exist to elevate mental health as a human right in the state of Quintana Roo in Mexico. In order to comply with the above sentence, a vast documentary review as first carried out, mainly of the World Health Organization (WHO) and its guidelines on the design and implementation of health policy, as well as statistics on the situation of mental health and some mental disorders both in the world and in Mexico. The conceptual part is supported in the discussion of basic concepts of public policy, for example o, transversality. The selection of this concept is due to the fact that theoretically public policies, from their conception as a public problem, through their design and management, to their evaluation, must be aligned both horizontally and vertically, that is, they must be coherent between what is mandated and legislates in the federal, state and municipal order and must be appropriate with other policies of the government order in question. Another important part of the conceptual discussion centers on the definition of the human rights. The proposed methodology involved cabinet and documentary work, both legal and newspaper, and official documents by the Mexican and Quintana Roo government to analyze the legal and policy conditions, mainly the basic elements of transversality, governance and public policies design about mental health in the state of Quintana Roo, Mexico. Among the results, it can be found that although there is already a minimum floor in legal matters at the federal level, even at the state level, even though initiatives have been presented from the government itself and from non-governmental entities, it is difficult to think that in In the short term, there are sufficient political, public policy and infrastructure conditions to position mental health as a human right in Quintana Roo. This leaves the door open for this work to be the apex of the discussion on the need and urgency to generate public policies, both in legal terms, as well as budgetary, administrative, operational, and physical infrastructure that allows for the short, medium, and long term. Consider the idea that mental health is a human right in both Quintana Roo and Mexico.