The Constitutional court declares unconstitutional the requirement that women have to contribute 1,300 weeks to access their pension.
This declaration of the Court arose after having studied a lawsuit against a section of the Article 9 of Law 797 of 2003which, according to the plaintiff, was unaware of the right to obtain special social protection in the field of social security.
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The high court asserted that there are still inequities suffered by the female population in the country in terms of social protection and insurance in old age.
“The difference in the pension age, which has been the scheme traditionally used by the legal regime in the country, today is insufficient in order to deepen the application of the constitutional mandate to overcome discrimination based on gender and, even, is deactivated by demanding the same contribution density from women as from men, in less time“, the Court assured.
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The court added that the right to access social security must be applied progressively through conditions that ensure that there is no direct or indirect discrimination between men and women.
Pension for women.
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Thus, and taking into account the principle of financial sustainability, “the effect of the measure is deferred until December 31, 2025, so that in said period Congress, in coordination with the National Government, adopts a regime of causation of the right to an old-age pension in which the approach is fully considered gender and, especially, the status of women heads of household. As of January 1, 2026 and if the legislature does not adopt said regime, the weeks of contribution will gradually decrease, until reaching 1,000“.
And the quotes would look like this:
– The minimum number of weeks required for women in the medium premium scheme will decrease by 50 weeks by the year 2026.
– As of January 1, 2027, this figure will be reduced by 25 weeks each year until it reaches 1,000.
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Finally, the Court urged the Legislative and Executive branches to “adopt policies and programs complementary to the public pension policy, which contribute to closing the gap in gender equality, especially with regard to the recognition of the care economy and the need to socially protect those who exercise it“.
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