Derecho Penal y Paternidad Forzada: Análisis desde los Derechos Humanos y la Igualdad de Género en Colombia

Abstract

This research aims to analyze non-consensual paternity in Colombia from a human rights, gender equality, and reproductive justice perspective, focusing on situations where men are compelled to assume parental responsibilities without their explicit consent. Historically, men have been regarded as primary providers within the family structure, a cultural assumption that has influenced the design of parental responsibility laws. This traditional expectation remains embedded in the Colombian legal system, which imposes automatic parental obligations upon biological affiliation without considering male consent. Currently, Colombia lacks specific legislation regulating cases of non-consensual paternity, creating a significant legal gap. Unlike women, who have legal mechanisms to decide about motherhood, men do not have equivalent tools to contest paternity in the absence of consent. This omission deepens gender inequality and reinforces cultural narratives that ignore male reproductive autonomy. Using a qualitative methodology, this study applies a dogmatic-legal approach, hermeneutic analysis, and critical interpretation of national and international legal sources. Comparative analysis and judicial precedents were also reviewed. The research did not include interviews or empirical fieldwork. The goal is to develop legal reform proposals that promote reproductive justice, gender equity, and the protection of fundamental rights. The findings aim to contribute to a public policy framework that balances the best interests of the child with the reproductive autonomy of all parties involved, including men.