Los derechos patrimoniales de las parejas del mismo sexo un análisis a partir del derecho de igualdad frente a los compañeros permanentes en Colombia a partir del año 2005

Abstract

The marriage, since the Constitution of 1991, is one of the sources legitimate family formation, in which express provision as couple there must be compromise of wills of people with different sex; for which reason the marriage between couples of the same sexual condition, today opposite our political Charter, because that does not give legal recognition to regulate relations and coexistence between such equal requirements and effects than those for the marriage between heterosexual couples. And likewise it happens with those couples who choose to raise a family or couple without the conclusion of a marriage ritual, i.e. marital Union, which in Colombia only is recognized for men and women discriminated against if you want excluding the categorization of permanent companions to homosexual couples. However the above, the Colombian Constitutional Court, as guarantor of the principles of our Constitution and in the case of the fundamental rights to equality, human dignity and free development of personality; in different sentences struggle to ensure rights of patrimonial content to same-sex couples, repeat, while still be them categorize as permanent members, i.e., without recognizing the status of family; as they currently enjoy linked different sex couples whether through marital Union in fact. However, there are still empty policy to undermine listed fundamental rights, i.e. the recognition of economic rights in likeness and equal footing with permanent companions, is still a whole because of the gradual guarantee them. It is and should be denounced that at present to homosexual couples, to difference of permanent colleagues, nor our constitutional court competent actions, nor the Colombian legislature, have recognized rights such as the right to the benefit afforded by the law Maria, domestic calamity leave, leave for mourning, the right to health care for maternity welfare, marital settlements (in case of future heritage society), pension increased by permanent partner in charge, joining boxes of family compensation, the partly civil Constitution when the couple has been the victim of a crime, separation of property, precautionary measures. In view of the above, it is also worth mentioning the evolving worldwide occurring in relation to the issue of property rights to same-sex couples; enabling a landmark historical and thematic. In 1980, homosexuality was to legalize in Colombia and the political Constitution of 1991 enshrined fundamental rights by all Colombians without distinction as to sex. But in the years 2007 to 2009 when it began to recognize legally through decisions of the Constitutional Court, some gay heritage couples rights equal to heterosexual marriage without, example of this was the judgment C-029 of 2009, that I condition the executability of a number of articles of content assets to marital Union in fact in the event that spread to the previous same-sex couples compliance with requirements. That the Constitutional Court recognized exclusively the rights of heterosexual couples, ignoring the reality of same-sex couples violated the political Constitution, international treaties ratified by the Congress of the Republic of Colombia, to ignore the fundamental rights for this type of people with specified sexual orientation; as stated in its ruling C-075 2007, thus: "the absence of protection in the heritage field for the gay couple is harmful for the dignity of the human person, is contrary to the right to free development of personality and involves a form of discrimination outlawed by the Constitution". In this way has been understood that nowadays the unions of same-sex couples require protection homologous to safeguard, since 1990, to heterosexual couples who are not married each other, and which as permanent and unique, based on respect for the principle of human dignity and the right to freedom of Association reflected in the exercise of the free sexual choice and the free development of personality.