Inclusión de la Población No Binaria al Sistema Pensional de Vejez en Colombia

Abstract

This research is based on the description of the requirement related to the minimum pension age to be able to access the old-age pension, and how the system ignores diverse gender identities, since having a binary regulation, does not contemplate the existence of a third gender. A legal loophole is created in which individuals that identify with the gender X or non-binary would not have the right to an old-age pension, since there has not yet been regulation or a respective quantitative analysis of the LGBTIQ+ population and more specifically the existing non-binary population in Colombia; consequently, their requirements to be able to access it have not been regulated either. Being that the case, the need to take measures such as a pension reform arises, in which more than the two heteronormative genders are contemplated, (man and woman), thanks to the fact that the legal recognition of the non-binary gender is already evident and it is important to highlight that Systems such as the old-age pension system in Colombia must adjust their requirements divided by gender, in order to guarantee and not violate fundamental rights such as the right to equality, gender identity, personal freedom, social security, among others. Due to such recognition, the social security system in its pension subsystem is compelled to implement changes or failing that add new requirements that integrate this part of the population, in order to comply with the principles of efficiency, universality, solidarity, integrality, unity and participation that govern it.