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The Court’s pension reform

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The Court’s pension reform

By: Iván Tabares Marín

The Constitutional Court has been carrying out another pension reform, as if it were another Congress, with a very debatable interpretation of the gender approach of the left poorly defined in the Peace Agreement, with the laudable purpose of benefiting women and men who perceive themselves women, but that in the long run will generate a crisis worse than that of the project under discussion.

Since the Court decided, without serious analysis, that any man who perceives himself as a woman can appear before a notary to have his decision certified and then, upon turning 57, claim his pension and not have to wait until he is 62, he must The man would be very foolish not to do so, since his decision has no other implications.

In other countries, medical certification is required for hormonal treatment, genital surgery, and psychological and psychiatric follow-up. In our case, the Court decided that the word or decision of the interested party was sufficient. The LGBTIQ+ community and the feminist movement have demanded that sex conversion not be applied due to its terrible consequences: it can lead to suicide, serious mental disorder or loss of sexual pleasure.

To this we add that the Court decided that the weeks of contributions for women will be 1000, as established in Law 100 of 1993, and not 1300 as ordered by a 2003 reform. The populist government of Gustavo Petro rushed to include the mandate of the Court in the pension reform, demonstrating that its activist officials do not know the underlying issue either.

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In the discussion of the pension reform, a reduction of fifty weeks of contributions for each child was approved, up to three, for women and that will also benefit men who perceive themselves as women and have notary certification. In summary, women and the millions of men who take advantage of the opportunity that the Court gives them will retire at age 57 with a contribution of 850 weeks (17 years) if they have three children.

In a postmodern perspective of the Peace Agreement applied by our Court, gender differences do not exist because they are a cultural imposition and, therefore, we are all gender fluid. That is, the man who says he perceives himself as a woman is gender fluid.

If the Court wants to apply this approach, it must “legislate” in another sense and establish that men, women, homosexuals and transgenders have the same conditions to retire, as in many countries; but if he maintains his absurd position, the pension system will be unviable.

Added to this is the very serious error that the Congress of the Republic is making by bankrupting the pension funds. If more than 80 percent of formal workers earn less than two minimum wages, by forcing Colpensiones to contribute on the basis of 2.3 minimum wages, the funds of 19 million Colombians will disappear.

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