The social protection of people with disabilities due to congenital or degenerative diseases: a review of the criteria for the recognition of pensions in the Colombian context

Abstract

Objective. To review and analyze Law 860 of 2003, specifically its Article 1°, which establishes the requirements to access the disability pension when the disability is caused by a non-occupational disease. Methodology. Documentary review and analysis: national legislation, rulings of the Constitutional Court and the Supreme Court of Justice related to the recognition of disability pensions in cases of congenital or degenerative diseases, scientific and academic articles, reports and official documents. Results. It was identified that the regulation does not contemplate the situation of people who are born, suffer or acquire a disease since childhood, but only with time and the development of the pathology they reach a state of disability, despite having worked and contributed to the social security pension system. Conclusions. There is a need to guarantee adequate social protection for people with disabilities, especially those facing congenital or degenerative diseases. The proposed amendment would not only guarantee the fundamental rights of persons with disability due to congenital, chronic, degenerative or catastrophic diseases, but would also contribute to the decongestion of the courts, by avoiding the filing of tutela actions to obtain the recognition of the disability pension.