Spanish transsexual bags widow pension

Alex Dunham
Alex Dunham - [email protected]
Spanish transsexual bags widow pension
María Rosa had been with her de facto partner for more than six years when he passed away. Photo:mrhayata/Flickr

A transsexual has won a ten-year-long battle to receive a widow's pension after she was repeatedly denied the right to one for not having had any children with her de facto partner.


María Rosa V.G. has been involved in a long legal battle with Spanish authorities since her long-term common law partner died in 2003.

Having been repeatedly denied a widow’s pension on the basis that the couple didn't have any children together, María Rosa decided to take the matter to Spain’s Constitutional Court.

María Rosa, who underwent a sex change in 1997, argued she wasn't being treated fairly or equally, keeping in mind that she can’t physically have children.

Under Spanish law, a widow or widower is entitled to his or her common law partner's pension as long as they were together for six years and have children in common.

The judge deemed María Rosa's appeal as fair given that it was impossible for the couple to have had children and that the couple had been together for the necessary period.

Spain's Constitutional Court therefore overturned the Social Security's decision not to pay María Rosa a widow's pension.

Back in February, common law homosexual partners were also granted the same pension rights for similar reasons. 


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