UPDATE: Since the introduction of marriage equality in Switzerland, only registered partnerships are affected by this regulation.

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Last year Switzerland finally recognised marriage equality by enshrining the protection from discrimination against LGBT+ people in its constitution.

While recognition is essential, so are the rights and responsibilities that come with Marriage Equality. 

But when it comes to money, Switzerland's commitment to equality is nothing but empty words.

Switzerland currently does not recognise the right to surviving spouse AVS (Social Security) benefits for LGBT+ widows and widowers, while heterosexual widows receive full benefits under the law.

Traditionally, following the death of a husband, a widow is granted a widow's pension. However, the government still denies a widows pension to lesbian widows who meet the same criteria. 

Take the case of Beatriz Hernandez, legally married to her Swiss wife for many years before her wife’s unfortunate death from cancer.  

Her wife suffered a relapse of cancer requiring increasing care as the disease progressed. Beatriz became her primary care giver for the next five years until her passing. 

When her wife died in 2015,  Beatriz filed for the spousal survivor benefits. The Swiss government, however, denied her the surviving pension on the argument that she could not be a widow because she was married to a woman. 

This, in spite of Beatriz’ wife, as primary breadwinner,’ having paid contributions to the Swiss Government’s old age and survivors insurance AVS program for the couple as required by law.

After exhausting all legal remedies in Switzerland, this potentially precedent setting case is currently being litigated at the European Court of Human Rights in Strasbourg. 

Beatriz has been fighting for her equal rights under the law for close to seven years and has yet to receive any recognition or due financial benefits as a surviving spouse from the Swiss Government in spite of the recent developments in Swiss law. 

Here is why- 

Swiss social security law stipulates in Article 13a, paragraph 2, that in the case of lesbian couples, "the surviving registered partner is treated as a widower". She does not receive a pension, even if she fulfils the legally prescribed criteria for married women.

A lesbian woman is officially equated with a man, because of her sexual orientation, and is treated as a widower in the event of her partner's death.

This discrimination must end immediately!

It is time to recognise the survivorship rights of LGBT+ widows and widowers.