Colombia's Minimum Old-Age Pension Guarantee and Its Impact on Gender Equity


By: Luz Eneida Saldaña, attorney, Universidad del Rosario, specialist in Administrative and Financial Law

Note: this article was published in April 2024 and describes the legal situation at that time (the Court's deadline of December 31, 2025). The pension system has changed since then; contact us to see how it applies to your case today.

Article 65 of Law 100 of 1993 is a cornerstone of Colombia's pension system, especially for people who, on reaching retirement age — 62 for men and 57 for women — haven't managed to accumulate the minimum pension set by law. Under this article, the National Government must ensure, under the principle of solidarity, that these affiliates receive the amount needed to complete the minimum pension.

Recently, the constitutionality of one specific part of this article was reviewed by the Constitutional Court following a lawsuit arguing that it discriminates against women in the Individual Savings Regime with Solidarity (RAIS). The plaintiffs argued that the clause requiring at least 1,150 weeks of contributions ignored the structural discrimination women face in the labor market, undermining their right to equality, social security, and their ability to reach a pension that covers their basic needs in old age.

The Court's Full Chamber found that this clause put the basic subsistence income of low-income women at risk, effectively limiting their access to the guaranteed minimum pension. It viewed this as contrary to the principles of a minimum living and adjustable wage set out in article 53 of Colombia's Constitution, designed to ensure that all citizens can meet their own and their families' basic needs.

As a result, in ruling C-054/24 of February 22, 2024, the Court struck down the 1,150-week contribution requirement for women in the RAIS, deferring the effects of the decision until December 31, 2025. That period allows Congress and the National Government to adopt affirmative measures compensating for the disadvantages women face in the workplace, as provided for in article 13.2 of the Constitution.

If Congress doesn't regulate those measures, then starting January 1, 2026, the minimum number of contribution weeks required of women to access the minimum pension guarantee will drop by 15 weeks each year, until reaching 1,000 weeks. This adjustment aims to foster a fairer, more equitable environment for recognizing women's pension rights in Colombia.

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Source: Press Release No. 5 of February 22, 2024, published on the Constitutional Court's website, case D-15391.

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