The Social Court number one of Arrecife has recognized the right of a judicially separated woman and victim of gender violence to receive a widow's pension and its compatibility with the retirement pension.
The National Institute of Social Security (INSS) had denied the widow's pension to the woman because it considered that she did not have the right to access it. However, the Legal Services of UGT Canarias in Lanzarote filed a lawsuit against the INSS, considering that the resolution was not in accordance with the law and with the aim of defending the interests of the affected person.
It was estimated that, taking into account the historical context, years 2004-2005, reports of gender violence through judicial channels were not common practice as they are today, and that the existing elements were sufficiently revealing of her condition.
The sentence reflects that, although there was only one complaint to the police, the fact of going to a women's association specialized in gender violence, as well as the notes from the doctors of the Canary Islands Health Service from 2004 and 2005 in which the victim came alleging and requesting medical attention for the mistreatment suffered, showed her status as a victim.
Thus, the Chamber states that, although both were judicially separated, the plaintiff was a victim of gender violence and that complaint for physical and psychological abuse was filed on November 22, 2004, before her divorce in October 2005.
After this ruling, Social Security must now pay the widow's pension to the plaintiff since December 21, 2021.
