Abstract <span style="font-family: "Book Antiqua",serif; mso-ansi-language: EN-US;" lang="EN-US">It presents a general reflection of how the ESC rights in the Mexican case, are legally recognize but that in the scope of the facts they present significant setbacks especially in matters of Health, Environment and Development. <span style="font-size: 12.0pt; font-family: "Book Antiqua",serif; mso-fareast-font-family: "Times New Roman"; mso-bidi-font-family: "Times New Roman"; mso-ansi-language: EN-US; mso-fareast-language: ES; mso-bidi-language: AR-SA;" lang="EN-US">The case of the indigenous peoples and their peoples is analyze with regard to the right to the consultation reflected in ILO Convention 169. That is a legal argument resource for peoples and communities (especially indigenous) to stop the attempts of projects or the implementation of the same in their territories or near of them, both affects directly or indirectly. The right to the consultation also as the space of opportunity for the construction of a new relationship of the State with its citizens, with the indigenous and Mexican society in general which implies new Contents and definitions for these concepts.