First gay Mexican in winning pension for widowhood before the IMSS

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In 2016 he won another trial for concubinage despite the fact that there is no law allowing marriages between people of the same sex.

Toluca, Mexico.- On June 7, 2018, Gustavo Armando Moreno received the document of the judgment resolution in his favor to obtain a widow’s pension before the Mexican Institute of Social Security (IMSS).

In 2016, the young man was the first Mexican to win a trial of concubinage in the entity despite the fact that there is no law that guarantees marriages between people of the same sex.

At the end of 2015, he began his first demand to obtain the concubinage of his partner who, a year ago, had died. In a first instance it was rejected by a Civil Judge of Atizapán, however, it appealed and it was accepted under the requirement of gathering a new certificate of non-marriage in Mexico City, where they had resided for some years.

He continued his trial and on July 14, 2016, he won the trial, which was under the file number JOF571 / 2016, after almost two years of struggle.

“October is another anniversary of the death of my partner and it seems to be a good gift, although the family has not removed the finger from the line and I have a document that protects me and will help me fight for my rights,” he said. Gustavo Armando, months after having won his first trial.

In last June , after a year and months of going to court, hearings and knock on doors, he got a judge of the Second District located in the municipality of Naucalpan ruled in their favor and forced the IMSS to grant a pension for life widowhood for Gustavo Armed, like any other Mexican could enjoy it.

“The National Commission of Human Rights intervened and helped the trial go in my favor, along with my lawyer we fought and got this second victory,” said the Mexican.

With the advice of the Institute of the Federal Public Defender, Armando managed to make his file registered as EXP214-2018the starting point for other cases seeking recognition in the entity.

The pension that you will receive on a monthly basis will allow Mexicans to enjoy the benefits that any other citizen has in the event of the death of their partner.

” It’s a great help because I can receive the pension and the health service as the law dictates,” explained Armando.

To take into account:

2 trials have won Armando.

Almost 4 years lasted their processes.

1 year and a half delayed the trial to obtain his pension.

SENTENCE

They are two historical cases and very important for me because in the State of Mexico there are no laws that support gay couples.

Gustavo Armando Moreno, first Mexican to win a pension for concubinage before the IMSS.

“They are two historical cases and very important for me because in the State of Mexico there are no laws that support gay couples,” says Gustavo Armando.

By Filiberto Ramos, Sol de Mexico