Widow'S Pension Benefits For Common-Law Partners Or Spouses After The Repeal Of Mexico Social Security Law Article 130, Second Paragraph

The objective of this research is to evaluate the repeal of paragraph 2, Article 130 of the Social Security Law in Mexico. Our research shows that its repeal will make it easier for the common-law partner or widowed spouse to apply for a pension. This is under the assumption that the wife contributed during her working life to the social security system so that her family can receive a future benefit to guarantee a stable economic situation for her common-law partner or husband. On the other hand, it is illegal to set requirements based on gender when applying for a pension. A question arises: will the common-law partner be able to obtain a pension? The problem occurs when the common-law partner is denied a pension because he can’t prove economic dependence, as established in Article 130 of the Social Security Law. By imposing additional gender-based requirements on the husband or common-law partner to qualify for the pension, compared to those required of a wife, Article 120 paragraph two violates the fundamental rights to equality and non-discrimination to social security. The treatment is unjustified. We conclude due the repeal of Article 130 paragraph two widowers will be able obtain a pension provided that his wife contributed to the pension system.