Proportionality and Mexico's pandemic management during the COVID-19 crisis

Abstract

Mexico's pandemic management and the absence of measures have been harshly criticized as being disproportionate. This paper examines whether the proportionality principle was properly applied to Mexico's COVID-19 response and outlines three reasons against such an endeavor, namely (i) the content of "proportionate measures" remained insufficiently well defined, (ii) there were yet fundamental rights conflicts to resolve, and (iii) the situation was moreover characterized by epistemic uncertainty.

Keywords: Mexican court rulings; Pandemic management; anti‐COVID‐19 measures; proportionality principle; right to health.