Abstract

PARRA DUSSAN, Carlos  and  QUINTERO ROMERO, Alejandro. Minimum living wage and the rights of older adults. Estud. Socio-Juríd [online]. 2007, vol.9, n.spe, pp.236-261. ISSN 0124-0579.

The article begins with the concept of senior's citizens' vulnerability. Jurisprudential trends are analyzed from the perspective of Older Adults' Special Constitutional Protection. It establishes what the fundamental problems are in their judicial treatment, particularly regarding the tutela mechanism and it examines judicial arguments to solve the problems that incorporate the rights of seniors and their development. In the particular case of seniors, the law has foreseen special distinctions designed to ensure that their rights are not only protected by the Constitution and the Law, but also, by the entire Judicial System. It endows the Judges with the necessary tools to make substantial rights effective in their decisions. In this way, we find that the Colombian judicial system has concentrated its efforts on protecting seniors, specifically in terms of Social Security, giving huge importance to pension rights. Nevertheless, it does not embrace Social Security in a wide juridical spectrum, because it only considers rights relative to the "opportune payment of the retirement pensions", "the revision of the amount of the pensions", "the refusal to pay the retirement pensions", "the recognition of substitutive pensions", the right to health and the right to get a minimum revenue above the level of poverty.

Keywords : senior's citizens' vulnerability; the rights of seniors; right to get a minimum revenue.

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