“Active Fatherhood” as a Perspective in 21st-Century Family Law: Legislative Evolution as an Element of Overcoming the Concept of “Provider Father” from the Perspective of Social Inequalities

Abstract

Active fatherhood is a paradigm that seeks to reformulate the traditional role of men in the family. Previously, men were seen as the financial providers, while women assumed responsibility for raising and educating their children. However, with the enactment of the 1988 Federal Constitution, principles such as human dignity, equality in family leadership, and comprehensive protection of children and adolescents brought about a significant shift. Today, men are expected to actively participate in raising their children, sharing responsibilities such as feeding, education, and emotional care. This transformation demystifies the idea that fathers are merely providers and recognizes the right to experience affection in its essence. However, social inequalities still influence this participation. Therefore, this research aimed to analyze the institution of active and responsible fatherhood as a paradigm for changing men's behavior regarding childrearing based on sociocultural and legislative changes. Interdisciplinary studies were also used, pointing to a change in male behavior regarding paternal responsibilities and identifying the importance of this active role in the development of children and adolescents. The methodology adopted was based on bibliographical and documentary research with a qualitative approach. The conclusion was that there is a new paradigm for fathers' participation in the upbringing and education of children, demystifying the old idea that fathers are merely providers, giving space to responsible fatherhood not only as a constitutional duty, but as a right to experience affection in its essence. However, there are obstacles to the uniform and equitable implementation of active fatherhood, given that social inequalities are determinants when it comes to participation in children's lives. Therefore, the establishment of public policies and new legislation must necessarily involve an intersectional analysis of markers of subordination that deepen social inequalities.