The historic decision of the Second Chamber of the Supreme Court of Justice of Mexico that in the event of the death of an insured employee,** has the same right to apply for a widow's pension as the widow has set an important precedent in the area of labour and family relations.
The case concerned a widow who had resorted to the right to a pension after the death of her husband, but this right was initially granted to another person, who claimed to be the man's lover and proved that they had lived together for five years before his death. Faced with this situation, the widow took the case to the Supreme Court.
In the course of the proceedings, Chamber II stressed the importance of recognizing the validity of the established lover relationship, while at the same time not invalidating the rights of the spouse in law. Therefore, in the absence of a legal dissolution of the marriage, the wife's claim against the deceased husband cannot be denied because a cohabitant has made the same claim.
In such a case, the court must determine the proportion of the pension to be provided to both parties. At the meeting on January 31, 2024, the direct amparo proposed by the rapporteur, YasmÃn Esquivel Mossa, in amendment 6428 2023, was unanimously adopted by 5 votes. This decision represents an important step forward in the recognition of the rights of partners in marriage and cohabitation, and sets an important precedent for similar cases in the future.