Inaction and the Proportionality Principle

Abstract Mexico’s pandemic management and the absence of strong mitigating measures, characterized as executive underreach, have been criticized as being disproportionate to the health risks the general population bore. This chapter offers an overview of the pandemic situation in Mexico in 2020 and raises the question of whether the perceived inaction by key state actors at the onset of the COVID-19 outbreak might qualify as disproportionate. In particular, we discuss potential challenges to the viewpoint suggesting that the government’s response was disproportionate. Instead of offering a succinct framework and categorically determining Mexico’s response to the pandemic threat as disproportionately small, our aim is to delve into specific aspects relevant to the context of a Latin American middle-income country. Consequently, we conclude that a multitude of factors and conflicting interests may complicate the perception of inaction in this case, making it more complex than initially perceived.