Abstract

TOBAR SALAZAR, SARA  and  ESTRADA JARAMILLO, LINA MARCELA. Rights to Social Security Recognized in Jurisprudence for Foster Children in Colombia. Rev. Derecho [online]. 2023, n.59, pp.64-80.  Epub Jan 30, 2024. ISSN 0121-8697.  https://doi.org/10.14482/dere.59.111.258.

The article calls into question the social security rights acknowledged for Foster families in Colombia by reviewing the colombian courts jurisprudence. Because of the lack of regulation by the legislator, the Constitutional Court has proclaimed inhibitory constitutionality sentences, by considering itself impeded to enforce constitutionality control. However, the Supreme Court of Justice, the State Congress, and the Constitutional Court by means of legal action, based on the constitutional principles of equality, pluriculturaly, and solidarity, have rewarded economic benefits on the fundaments of affective bonds. The investigation employed qualitative methodology, under a hermeneutic approach and the documental technique was used to browse the specialized literature on academic and scientific databases.

Keywords : Foster family; family law; comparative law; social security; economic benefits.

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