The ministers analyzed a case in which before the death of a person who lived in concubinage, and that in life was an insured worker, his partner (of the same sex) claimed from the IMSS the refusal to grant the widow’s pension.
The Second Chamber of the Supreme Court of Justice of the Nation ( SCJN ) determined this afternoon that the same-sex couples have full rights to social security.
In their session this Wednesday, the ministers analyzed a case in which before the death of a person who lived in concubinage, and who was an insured worker in life, his partner (of the same sex) claimed from the Mexican Institute of Social Security ( IMSS ) the refusal to grant the widow’s pension.
The refusal of pension was based on Article 130 of the Social Security Law, which establishes that only couples integrated by men and women are entitled to that pension.
The Second Chamber considered that the aforementioned article is unconstitutional , because it conditions the enjoyment of said pension to the fact that the applicant is of a different sex from the deceased worker or pensioner.
This, the ministers of the high court determined, violates the right to social security, the principle of equality and non-discrimination and the right to protection of the family, established in articles 1, 4 and 123, Section A, section XXIX of the Federal Constitution.
The Mazatlan Post