8 IV. ESTABLISHED FACTS A. Situation of Ángel Alberto Duque and application for a survivor’s pension 38. Mr. Ángel Alberto Duque and JOJG lived together as a couple for ten years and three months, from June 15, 1991 to September 15, 2001, when JOJG died from Acquired Immune Deficiency Syndrome (AIDS).2 On August 4, 1997, Mr. Duque enrolled with the ETS-VIH/SIDA Program and was diagnosed with the HIV C3 infection. From then on he began to receive anti-retroviral treatments with 3 AZT-3CT-IDV-RTV (800/100mg). The treatment cannot be stopped, as this could “lead to death.” JOJG provided Mr. Duque with the support he needed to cover his personal expenses and the medical care he required as a person living with HIV.4 39. JOJG was enrolled with the Compañía Colombiana Administradora de Fondos de Pensiones y Cesantías COLFONDOS S.A. and worked in the Office of the Deputy Director of Exchange Control in the Directorate of National Taxes and Customs [Subdirección de Control Cambiario de la Dirección de Impuestos y Aduanas Nacionales].5 Because JOJG died, on March 19, 2002 Mr. Duque asked COLFONDOS to advise him of the requirements that he had to meet to apply for his partner’s survivor’s pension.6 40. On April 3, 2002, COLFONDOS answered Mr. Duque’s request by advising him that he did not qualify as a legal beneficiary entitled to a survivor’s pension; it therefore could not proceed with the requested application process.7 Specifically, COLFONDOS wrote that … Colombia’s laws on social security, specifically Article 74 of Law 100 of 1993, provide that the beneficiaries of a survivor’s pension are the spouse or surviving permanent partner. However, the law establishes that beneficiary status is with respect to the union of a man and a woman; currently the law contains no provision for a union of two persons of the same sex. B. Legal framework of Colombia’s social security system 41. Law 100 of December 23, 1993 created the comprehensive social security system, understood as “the body of institutions, norms and procedures that the individual and the community have available to enjoy a quality life […], to provide comprehensive coverage for the unforeseen 2 Annex 1. Request presented to the Compañía Colombiana Administradora de Fondos de Pensiones y Cesantías COLFONDOS S.A., March 19, 2002 (Annex 2 of the original petition). Annex 2. Tutela action brought by Germán Humberto Rincón Perfetti representing Ángel Alberto Duque, April 26, 2002 (Annex 4 of the original petition). Facts alleged at the domestic level and not contested by the State. 3 Annex 3. Instituto de Seguros Sociales [Social Security Institute], Certification of patient Ángel Alberto Duque, April 17, 2002 (Annex 1 of the original petition). 4 Annex 4. Original petition of February 8, 2005; the petitioners’ observations of February 9, 2012. Facts not contested by the State. 5 Annex 1. Request presented to the Compañía Colombiana Administradora de Fondos de Pensiones y Cesantías COLFONDOS S.A., March 19, 2002 (Annex 2 of the original petition). 6 Annex 1. Request presented to the Compañía Colombiana Administradora de Fondos de Pensiones y Cesantías COLFONDOS S.A., March 19, 2002 (Annex 2 of the original petition). 7 Annex 5. COLFONDOS, Memorandum No. DCI-E-P-1487-02 of April 3, 2002. (Annex 3 of the original petition).