The widow's pension in the Law of the State of Veracruz Pension Institute

Abstract

The constitutionalization of human rights in Mexico profoundly transformed the way law is conceived and applied; following this reform, legal norms must be interpreted in accordance with the pro persona principle. However, in the fields of labor law and social security, we still encounter provisions that are not aligned with this new paradigm. An example can be found in the state of Veracruz, particularly in the Law of the State Pension Institute (IPE) concerning the granting of survivor’s pensions (widow’s pensions). Articles 3, section V, subsection a), and 53 establish that the surviving spouse, or the surviving common-law partner (female or male), loses the right to continue receiving the survivor’s pension upon remarriage. This constitutes the core of the issue at stake, since a pension is not a discretionary concession granted by the State, but rather a right derived from the contributions made during the working life of the deceased person. From a constitutional and conventional perspective, such a restriction violates human rights. Consequently, the challenge lies in harmonizing local legislation with these standards to prevent an individual from having to sacrifice personal happiness to preserve a legitimate right.