E1CEH. Especialización en Seguridad Social
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Envíos recientes
- PublicaciónAcceso abiertoViolación del derecho a la seguridad social en la pensión de sobrevivientes y su enfoque y su reconocimiento temporal y proporcional(Universidad de San Buenaventura, 2015)The purpose drawn in this research is to externalize a brief historical evolution of the right to social security, recently listed as critical, the great leap of progressivity obtained with the issuance of the Constitution of 1991 and therefore the breakthrough in jurisprudential matters , on the same subject, taking into account the efforts made by the State to accept the rightful role as the guarantor of those rights, subject to the principles therein as efficiency, universality, comprehensiveness, unity, participation and solidarity , considering that the social security to be an essential public service. It defined above, is to determine the existence of a constitutional contradiction, the infringed the right to equality of informal workers against workers linked or independent, to access the pension law in any form, by virtue of the economic constraints that determine the inability to contribute to the system, given the lack of implementation of public policies that include informal workers in the general social security system in Colombia.
- PublicaciónAcceso abiertoDespliegue de principios de condición más beneficiosa, progresividad y sostenibilidad financiera para la configuración de expectativas legítimas como criterio de reconocimiento de pensiones(2015)This study develops the theme of deployed more beneficial condition, progressivity and financial sustainability principles to establish legitimate expectations of Board configuration, defined by the Constitutional Court in judgement T-832A-13 as "the position intermediate between mere expectations" position intermediate between mere expectations and vested rights, corresponding to who managed to consolidate a factual and legal situation pursuant to the satisfaction of any of the relevant requirements of the subjective right "" , determining the possibility of applying standards which have been repealed by virtue of policy, not only immediately preceding changes, if not in virtue to breaks policy, without that necessarily sustainability of the system is affected.
- PublicaciónAcceso abiertoSostenibilidad financiera del régimen de ahorro individual pensional en Colombia para el reconocimiento de la pensión de vejez(2015)The aim of the General Pension System in Colombia is to guarantee the population, the protection against the contingencies arising from old age, disability and death, by recognizing pensions and benefits, this system is contained in the Act 100, 1993, and was divided into two solidarity and exclusionary regimes; the Average Premium Solidarity Regime with defined benefit that allows affiliates to get the old age pension, by the Social Security Institute. On the other hand, is the regime of individual saving with solidarity, which allows contributors to make contributions to administrative entities of the resource, which can only be removed at the end of the accumulation of contributions or until the participant become entitled, is precisely that model, the situation that produces interest and in which the idea of presenting this research was based, analyzing the financial sustainability of the system, making transit through Law 100 of 1993, to determine the extent to which financially It is sustainable, as was intended and whether that sustainability ensures the coverage of old-age pension to its participants and beneficiaries.
- PublicaciónAcceso abiertoEvolución de la jurisprudencia constitucional colombiana sobre el derecho a la salud(2015)The final research report aims to present the different legal positions that have been developed by the Colombian Constitutional Court regarding the legal nature of health rights. Then, in this work the main arguments by which the Constitutional Court has confirmed or denied the fundamental nature of the right to health (health rights), including criteria such as connectedness, the explicit recognition of the constituent, subjects of special protection and the minimum essential are being studied. Finally, the protection afforded by recent constitutional jurisprudence on the right healths as an autonomous fundamental right has been studied.
- PublicaciónAcceso abiertoViolación al derecho fundamental a la información de los usuarios del régimen de ahorro individual por parte de las entidades administradoras de los fondos de pensiones(2015)With the enactment of Law 100 of 1993, Colombia adopted a dual pension system, consisting of the half cousin and defined benefit regime of individual saving with solidarity, the latter regime unprecedented in our country so far, the which brought new rules for the recognition of pension rights, given that its most relevant for the acquisition of the right features is that it is subject to the financial return of the contributions, a situation that does not occur in the half-raw, so it is important for all people to join or move to that regime know its structure, and that knowledge has to be given by the AFPs which manage it, considering that the constitution and the law assigns the duty to inform clearly and truthfully all they want to do part of the pension system, otherwise it would infringe the right to information lacking a full understanding of how it is structured RAIS turn that affect other rights including the right to a pension.