Widow’s pension, gypsy marriage and debal couples
DOI:
https://doi.org/10.24310/rejlss.vi3.13543Keywords:
Gypsy marriage, widow's pension, domestic partnership, indirect discriminationAbstract
It is a constant judicial doctrine that unions by the gypsy rite do not produce civil effects and, therefore, do not generate the right to a widow's pension upon the death of one of its members. With the exception of the 2009 ECHR ruling, Muñoz Díaz v. Spain (known as "La Nena"), due to the particularities that concurred, based on the good faith of the contracting parties and the reasonable expectation created by the authorities of the Spanish State, the Supreme Court and the TC continue to deny access to the widow's pension , even in cases in which the deceased's death occurred after Law 40/2007, which for the first time made it possible for the surviving member of said couples to access the widow's pension. The particular vote published together with the judgment of the Supreme Court of January 25, 2.018, Appeal 2401/2016, reasons about the unnecessary of said requirement to unions celebrated in accordance with the uses and gypsy customs due to the particularities of said culture, strong family roots and unquestioned marital unity.
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