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- Title
La pensión de sobrevivientes para parejas del mismo sexo en Colombia.
- Authors
Jiménez, Jessica Alejandra Patiño; Juan, Laura García
- Abstract
This research approaches the concept of family in the Colombian legislation and its treatment in the Constitutional Court jurisprudence, focusing on the study of the rights of homosexual couples. The work focuses on the survivor's pension and other issues related to Social Security, and analyzes the regulations and jurisprudential background comparing them with the current legislative framework in Colombia. Taking into account that International Law of Human Rights plays an essential role in the legal formulations and judicial decisions in this matter, the investigation reviews the ruling of the case Duque vs. Colombian in 2016, solved by the Inter-American Court of Human Rights. One of the conclusions is that this country continues to violate its international commitments and ignoring the jurisprudence of the High Courts when the government and justice continue to deny the right to a survivor's pension claimed by homosexuals.
- Subjects
COLOMBIA; GAY couples; LEGAL judgments; CONSTITUTIONAL courts; SOCIAL security; INTERNATIONAL law
- Publication
Academia & Derecho, 2019, Vol 10, Issue 18, p207
- ISSN
2215-8944
- Publication type
Article
- DOI
10.18041/2215-8944/academia.18.6002