At Vega, Guerrero & Asociados we obtained a ruling from a district court declaring article 133 of the Social Security Law unconstitutional, on the grounds that this legal provision is discriminatory.
The aforementioned legal provision establishes that the right to receive the widow’s or widower’s pension will cease when the widow, widower, common-law wife or common-law husband marries or enters into a new common-law marriage.
In this sense, the court ruling determined that the aforementioned law violates Articles 1 and 123 of the Political Constitution of the United Mexican States, since it penalizes the pensioner who remarries with the loss of the pension.
Therefore, the court concluded that article 133 of the Social Security Law violates the family and its protection established in the Political Constitution of the United Mexican States, because it does not allow the free development of the personality, since the fact that a person has suffered the loss of his wife or common-law wife, and therefore acquires the right to a pension, he cannot lose the pension by virtue of having remarried.
As a result of the above, the social security team of Vega, Guerrero & Asociados is ready to advise companies that require information on this subject.
