El Derecho del Padre en el Contexto del Aborto: Un Análisis de la Equidad de Género en las Responsabilidades Parentales

Abstract

This research explores, from a comparative approach, how the Colombian legal system conflicts with the principle of gender equity by excluding the father from decision-making regarding the voluntary interruption of pregnancy (VIP), while subsequently imposing legal responsibilities derived from paternity. This analysis begins with the constitutional recognition of women's reproductive autonomy and evaluates whether the current regulatory framework adequately integrates this right with the principles of substantive equality and parental co-responsibility that form the basis of contemporary family law.

The research is developed using a qualitative approach and employs methods of comparative, analytical-synthetic, and inductive analysis. Through a comprehensive review of both national and international regulations, constitutional jurisprudence, relevant doctrine, and standards of multilateral organizations, the main regulatory advancements in Colombia and reference legal systems are identified, as well as emerging trends regarding male participation in reproductive decisions.

The analysis reveals that, although the Colombian legal framework has progressed considerably in establishing abortion as a fundamental right linked to the autonomy and dignity of women, regulatory gaps still exist regarding the scope of parental co-responsibility during the decision-making phase. This asymmetry raises questions about the consistency of the system in the face of the constitutional mandate of material equality. Finally, the study presents critical reflections and suggests proposals focused on developing a more harmonious legal model that facilitates the reconciliation between reproductive autonomy and the principles of gender equity and shared responsibility.