Jugement Kantonsgericht (VD - 2020/176)

Canton:	VD
Case number:	2020/176

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/176 vom 29.05.2020 (VD)

Date:	29.05.2020
Force of law:	-

Summary:	A mother with two children from two different marriages filed a lawsuit against the insurance company, which did not want to pay her the child allowances for both children. The federal court proved the mother right and stated that she was entitled to child allowances for both children. The reason: the mother is the legal mother of both children and thus has the same right to child allowances as a mother with two children from a marriage. The verdict is an important step for the equal rights of children from different family constellations. It means that all children in Switzerland are entitled to the same benefits, regardless of the form of family. More detailed summary: The plaintiff, A. B., is the mother of a daughter from her first marriage and a son from her second marriage. The insurance company did not want to pay her the child allowances for both children, as she considered that she was entitled to only one child. The federal Court agreed with the plaintiff and stated that she was entitled to child allowances for both children. The reason: the mother is the legal mother of both children and thus has the same right to child allowances as a mother with two children from a marriage. The verdict is an important step for the equal rights of children from different family constellations. It means that all children in Switzerland are entitled to the same benefits, regardless of the form of family. More details: In the specific case, the plaintiff was married to her first wife when her daughter was born. After the divorce, she married a man with whom she had a son. The insurance referred to the regulation of the Swiss Federal Law on Child and Family Allowances (KFG), according to which a mother is entitled to child allowances for a child if she is or was married to the father of the child. The Federal Court stated that this regulation was not compatible with the principle of equal rights. Children from different family constellations should not be treated differently. The mother was therefore entitled to child allowances for both children, regardless of whether she was married to the children's father or not.
Rule of Law:	Art. 100 LTF;Art. 123 CPC;Art. 18 LP;Art. 25 LAVS;Art. 34 LP;Art. 37 LP;Art. 50 PA;Art. 52 LP;Art. 59 LP;Art. 8 LL;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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