Within the framework of studies on mental health in Indigenous Peoples, this article aims to analyze the inclusion of intercultural perspective in mental health policies in Argentina. The intercultural perspective in health has an unequal and incipient development in Argentina. In the specific field of mental health, a serious difficulty for the construction of programs is evidenced by intercultural perspective: insufficient information about the mental health needs of the indigenous population, material resources and skilled human resources to meet it. The mental health legislation does not explicitly include the intercultural perspective, however a number of items have the necessary sensitivity to cultural diversity for the generation of specific programs, respectful of its peculiarities and differences with the dominant culture. However, the absence of a specific reflection leads to ambiguities that could be costly to reduce inequity in the right to health. The intercultural perspective is explicitly stated in the National Mental Health Plan. However, mental health services are dominated by Western-oriented urban population knowledge. While the National Law with some possible questions, allows the inclusion of intercultural perspective then explicitly states the National Plan, specific discussions on the characteristics of this population and the training of mental health professionals are needed in order to advance guaranteeing the right to health.