Abstract

MUNOZ SEGURA, Ana María. THE CONSTITUTIONAL REFORM OF 1936 AND THE ROAD TOWARDS THE CONSTRUCTION OF SOCIAL SECURITY. Vniversitas [online]. 2010, n.120, pp.102-124. ISSN 0041-9060.

For a prolonged period of time, Social had been understood as a part of the academic field concernid with Labor Law only, implicity connected as the out come of the relationship between employer and employe. This perspective was later on changed and the need for a separate field of study recognized its imperative importance. This is why we must take into consideration the necessity of over coming the thought of the never ending chain of adjustments. It is vital to view the Social Security as a technical and elaborate construction, specialized and complex, in order to embark on an analysis of this theory. If this is accomplished we can reach consequent and serious decisions, taking into account the needs of the general population, and understand that Social Security is, and should be a universal right. With out forgetting of course the particular difficulties and restrictions the country (Colombia) has. The challenges and daily needs the Colombian population has, obligates us to rethink the Social Security as a whole, with its components, goals, and unique context in order to properly give it the relevance it truly deserves. We now proposethe obligation to rethink and analyze the Social Security not only from its normative stand, but from its actual context, where its historic transition until now has suffered several tensions and theories implied in its construction. On the other hand, and moving on with the study of the Social Security in Colombia, it is allegad that the creation of the Social Security Institute in 1946 with the Law90, was the breakpoint in Social Security. This is a understandable conception, since befote the foundation of the Institute the existence of a previous system was evident, and some of its considerations and procedures held are now days being implemented. Furthemore the permanent debates that ocurred in the 1930´s, and the acknowledgment of the indispensable participation from the Government, was translated in the constitucional reform of 1936. Reform that would soon after generate the institutionalization of the Social Security in Colombia. This constitutional modification and political recognition made possible this basic transformation.

Keywords : social security history; colombian pension system; old age pension; retirement; death pension; widow pension; orphan pension equality; constitucional reform f 1936; Social Security; History; Colombia; Constitutional Law; Reforms; Pensions.

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