The pension it is a right that is transmitted to the family in case of death or permanent disability of the worker. But when lawmakers created the Social Security Law (LSS), they thought it for a society where women depend economically on men and, rarely, men on their partners. Much less did they take into account same-sex unions.
The Chamber of Deputies amended articles 64, 65, 84 and 130 of said legal system, which stipulate as a requirement for men to have depended economically on their working wives to access the widow’s pension. Unanimously, the plenary approved eliminating that condition.
The reform passed to the Senate of the Republic to be analyzed and voted on. If that Chamber also endorses it, the Mexican Social Security Institute (IMSS) must deliver a monthly pension “to the widower or concubine” and to any person who has been the spouse of the insured or insured.
It will also have to adapt its budget to face the inclusion of more men to the right of widow’s pension. It is estimated that spending will increase by 71,866 million pesos at the value of 2019, which represents an increase of 1.33% compared to the current scenario”, it is stated in the opinion that the San Lázaro Social Security Commission presented to the plenary session.
But beyond that disbursement, at this point “it is of the utmost importance” to adapt the rules that govern us “to the real conditions and in advance with the society development”, is added in the document.
And to guarantee the right to equality and non-discrimination for all people, it is necessary to point out the The right to social security for men and women, as well as of the different types of family, maintains the commission.
The legislative body adds in the opinion that the different assumptions of the article 64 of the LSS to deliver a pension “are based on marriage or concubinage as the union of a man and a woman and excludes same-sex couples.” This provision violates the right to free development of the personality, the principles of equality and non-discrimination and the protection of the family, he points out.
The patriarchy excluded them
According to the National Occupation and Employment Survey (ENOE), in the fourth quarter of 2021, of the more than 11.1 million women employed and living with a partner, only 37% have social security, that is, just over 4.1 million.
In this condition, 38% of those over 22.1 million men with employment and spouse, which translates to about 8.4 million. Additionally, more than 2.7 million men who live with a partner declare themselves unavailable to work or seek employment due to different conditions.
Given this diversity, the Chamber of Deputies approved the proposals of deputies Mary Carmen Bernal (PT), Mirtha Villalvazo (Morena) and legislator Evaristo Lenin (PAN), presented at different times.
One of the approved modifications was to section II of the article 64 of the LSS, which currently indicates that “the widow of the insured will be granted a pension” equivalent to 40% of total permanent disability. “The same pension corresponds to the widower or concubine who would have depended economically on the insured.”
But it is perhaps article 130 of the IMSS Law that reflects a little more the patriarchal and conservative perspective from which public and private life has been ordered: “You will have the right to widow’s pension the one who was the wife of the insured or pensioner due to disability. In the absence of a wife”, she will be received by “the woman with whom she lived as her husband”, during the five years prior to her death.
If the worker had several concubines, it is established in the current legislation, “none of them will have right to receive the pension. The same pension will correspond to the widower or common-law spouse who depended financially on the insured worker or pensioner due to disability.
Already in 2018, the National Council to Prevent Discrimination (Conapred) analyzed a complaint about this last article. In its resolution, it asked the IMSS, as a remedial measure, to promote a reform of said legal system that is exclusionary “particularly to the detriment of the widowed men”.
In this way, the new wording of article 64 of the LSS will indicate that the pensions and benefits they will be granted “to the surviving spouse (survivor)”. Meanwhile, article 65 will indicate that this lifetime payment will be “for those who have lived in concubinage with the insured person.” And in the rest of the articles they also suppress the female and male gender and instead mention the beneficiaries or insured persons.