Pensión de sobrevivientes entre homosexuales según los pronunciamientos de la corte constitucional entre 2007-2012.

Abstract

The investigation was made in order determine the scope, in terms of evidence, the recognition of the right to survivor pension between same-sex couples in the judgments of constitutionality and tutelage proffered by the constitutional court, since 2007 by 2012. This jurisprudential study of basic legal character, with qualitative approach and analytical-logical method was used. Thus, it was found that currently homosexuals enjoy several privileges to protect and guarantee rights such as life, dignity and, especially, the right to free development of personality enshrined in Article 16 of the Colombia's Constitution; and the Constitutional Court has been progressive in protecting those rights, making them comparable to the rights granted to heterosexual couples. In conclusion, it was found that the rules allowing access to survivor pension, are contained in Law 100 of 1993 which regulates the social security system and explicitly outlines the procedures to implement this law and on the other hand, have evidenced discriminatory legal positions relative to the recognition of a prestacional law, which is the survivor pension in homosexual couples.