Derechos laborales de las personas víctimas del delito de desaparición forzada: eficacia de la ley y la Acción de Tutela.

Abstract

Our research article aims to present the results obtained from the study of the laws 589 of 2000, Law 986 of 2005, and the jurisprudence related to the payment of salaries, fees and the retirement payment of the victims of forced disappearance. Labor rights of these victims are a very recent issue with little regulatory development. Since 2000, a mechanism was proposed to enforce them through the Law with 589 of 2000. This Law presents some issues, in access order to access them from the moment the disappearance occurs. In many cases, claiming the rights of the victims leads to the lose of the re-victimization process. It is necessary make use of the protection action (Acción de Tutela), in order to protect these fundamental rights. In the following research with a qualitative approach, some of the situations in which it is necessary to use the protection action as a measure were identified. According to the results, it was possible to identify some gaps in Law 589 of 2000 and Law 986 of 2005 regarding the effectiveness of fully complying with its function or purpose. Moreover, it was found that measures were ineffective in certain situations. A more in-depth regulatory complement is needed by the legislator, with the goal of provide a better protection of the rights of victims of enforced disappearance.