Apr 212012

The District Planning Secretariat celebrated the decision of the Constitutional Court which ordered pension funds to go to different kinds of evidence, such as versions of family or friends of the couple, among others, in case of not being able to prove respective notarial certificate to verify marital coexistence and give survivors pension who has lost a spouse of the same sex.

Judge Rapporteur of the decision said it, Luis Ernesto Vargas Silva, "not is can restricting their access to the pension to couples of the same sex, who do not have the certificate that heterosexual couples are not required".

According to the 2011 T 716 judgment, could not be a discriminatory treatment under which people who are homosexual couples can not access to the survivor pension under the same conditions that those who make it are heterosexual couples.

"The reading of the Constitution which assimilated the concept of family to the union between man and woman is overtly wrong, since the family link is achieved through different situations in fact including free will form a family, regardless of the sex or the orientation of its members", the High Court concluded.

The District Planning Secretariat, through Undersecretary of women, gender and Sexual diversity and his direction of Sexual diversity, unit that coordinates public policy for guarantee of rights of the people of the LGBT sector in the city, reiterated the commitment of the present Government with the guarantee of rights of these social sectors in the city.

According to the baseline produced by the District Planning Secretariat to the LGBT public policy, in Bogota, the 46.26% of respondents who believe that lesbian, gay, bisexual and transgender are a risk to the community, has not ever spoken with any of these people and the 37.54% consider that should be prohibited to persons of the same sex to marry each other.

However, the 42.29% of lesbians and the 27.78% of gay men have couple currently and nearly another 10% in both social sectors, coexist with it. For this reason, this sentence implies the recognition of rights to broad social sectors in the city.