Feasibility of the gender perspective in the application of the principle of the most favorable condition in the Colombian Legal System

Abstract

Based on Colombian national jurisprudence, this reflection addresses the necessity of incorporating a gender perspective in the application of labor and social security principles, with particular emphasis on the principle of the most beneficial condition. This is especially relevant in cases where the possibility of granting a survivor’s pension must be determined for women who dedicated their productive years to caregiving responsibilities for their spouse, partner, children, and other family members must be decided, based on more favorable repealed norms. This analysis remains disputed, as the interpretation of legal principles has traditionally been grounded in their universal, generic, and foundational nature, detached from the specific factual circumstances of individual cases. International norms and various rulings by Colombian High Courts have issued urgent calls to ensure equality between men and women, although they do little to address intergenerational inequality. This study advocates for extending such an approach to the application of other labor and social security principles, with the aim of achieving substantive justice in a society marked by gender inequality, such as Colombia, which is obscured by problems of normative succession.