This paper analyzes the vital minimum right and the positive obligations of duty for the Public Administration in the Mexican legal system. According to the jurisprudence of the Supreme Court of Justice, administrative agencies have to promote, protect and guarantee human rights in order to ensure the minimum vital, providing by this means a parameter of enforceability in cases of inaction. By examining cases of administrative inaction in the health sector, it was possible to distinguish between administrative instruments of action    (formal activity of the public administration) and administrative actions that transform the circumstances of individuals (material activity). With the help of a formalist dogmatic method, based on the exam of regulations, case-law and legal doctrine on the right to health, this paper identifies agency inaction pertaining to the material activity, as well as means of its enforcement.