Abstract

PAZ-GIL, María Fernanda; GONZALEZ-ARISTIZABAL, Ana María  and  MONTOYA-NARANJO, María Fernanda. Divergence between disability and invalidity: legal analysis in two dissimilar categories. Opin. jurid. [online]. 2018, vol.17, n.34, pp.89-106. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v17n34a4.

Disability is a concept that over the years has evolved and transcended the different social and political models of history, acquiring a human and protective tint that conceives it from the perspective of human diversity and not as a tragedy. On the other hand, disability follows a legal concept of what the Colombian legal system considers to be a comprehensive social security system, specifically, it goes into the contributory benefit called disability pension granted to those who have a loss of work capacity. This is why the concept of disability is insufficient when it comes to recognizing the fundamental right to social security in constitutional and international terms, since the protection must be directed directly to the person in a situation of disability and not to the disability since the spectrum of protection or attention to these persons is reduced.

Keywords : Disability; Invalidity; Social security; Disability pension.

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