Evolución constitucional del derecho a la pensión de sobreviviente de las parejas del mismo sexo: ámbito jurisprudencial
In Colombia, the Constitutional Court has ruled repeatedly on the right to survivor annuity for same-sex couples, noting that the term survivor annuity is understood as: A fundamental right of a certain, undeniable and inalienable nature due to its close association with values subject to protection...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5589619 |
| Source: | Derecho Público, ISSN 1909-7778, Nº. 35, 2015 |
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| Summary: |
In Colombia, the Constitutional Court has ruled repeatedly on the right to survivor annuity for same-sex couples, noting that the term survivor annuity is understood as:
A fundamental right of a certain, undeniable and inalienable nature due to its close association with values subject to protection, such as the right to life, social security, health and work, conditions that give it an inalienable, inherent and essential character given the helplessness of the beneficiary whose right should be recognized and remunerated. (T-173/1994, A. Martinez)
According to the above, this article aims to establish from a legal perspective whether the acquired right of survivor annuity between same-sex couples is being recognized. The methodology used is part of the historical-hermeneutic method proposed by Habermas, because with it one can understand the impact that the new possibility of “family” has had on our country and the way in which this new possibility of “family” comes with certain rights and certain obligations for same-sex partners. It also highlights the vulnerability to which these same-sex couples are permanently exposed. This paper adopts a theoretical and dogmatic method and studies the progress that the law has had on the protection of the
right to survivor annuity for same-sex couples through the Colombian Constitutional Court’s interpretation. As a general conclusion, it appears that there is a problem of discrimination against same-sex couples in Colombia, which includes the violation of all kinds of rights and violates fundamental rights, especially the right to equality |
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