La configuración de litigios a mayor escala por desconocimiento de los derechos laborales adquiridos de la gente declarada muerta jurídicamente

Abstract

The “articles 1, 2, 4, 5, 13, 25, 42, 48, 53, 83, 93, 220 and the Preamble of the 1991 Political Constitution in its objective application,” the “articles 208 and 3 first paragraph ( 1) and 2 first paragraph (1) of Law 1448 by which comprehensive care, assistance and reparation measures are issued to the victims of the internal armed conflict and other provisions are issued; the "law 16 of 1972 December 30) through which the Colombian Congress approves the" American Convention on Human Rights. " "Pact of San José de Costa Rica", "signed in San José, Costa Rica, on November 22, 1969." "Law 270 of 1996 (March 7) Official Gazette No. 42,745, of March 15, 1996 Statutory of the Administration of Justice amended by Law 1285 of 2009;" the "Convention on the Elimination of All Forms of Discrimination against Women Ratified by the Colombian Congress through Law 51 of July 2 of 1981;" the “International Convention to prevent, punish and eradicate violence against women, signed in the city of Belem Do Para, Brazil, on June 9, 1994, approved by the Colombian Congress! by law 248 of 1995 (December 29); ” the “Inter-American Convention to Prevent, Punish and Eradicate Violence against Women. Belém Do Para Convention” approved by Congress with Law 24.632. Sanctioned: March 13, 1996.”

The "Social Security Convention (minimum standard), 1952 (number 102) its preamble and articles 1,2 and especially articles 56 to 64 of the O.I.T." They contain the rules on legal supremacy, supremacy of the principles and constitutional supremacy applicable in the Colombian legal system and in the inter-American system of Human Rights that protect, protect, safeguard and guarantee the labor rights acquired from members of the public force and Civilians of the Ministry of Defense declared legally dead within the framework of the Colombian internal armed conflict.In “articles 208 and 3 first paragraph (1) and 2 first paragraph (1) of said law” the legislative progress in application and that of constitutional law are reflected in an objective way that is very important for the configuration of major litigation scale due to ignorance of the acquired labor rights of people declared legally dead.

The "Constitutional Court by means of sentences C-250 of 2012 and C-280 of 2013 in development and application of the nascent Colombian constitutional law made the constitutionality control of the rules contained in Law 1448 of 2011."

The development of the Colombian internal armed conflict has left many members of the public forces disappeared whose acquired labor rights were not protected.

The spirit and intention of the Colombian Legislator, with the creation of the rules contained in “articles 208 and 3 first paragraph (1) and 2 first paragraph (1) of law 1448 of 2011 is that the people of the public force declared dead legally receive as compensation for the integral repair of the damage all their labor rights acquired during their time of service provided because, those rights DO NOT PRESCRIBE! because they are protected by international instruments and by constitutional law in their objective application