This article analyzes the peace treaty between the Colombian government and Farc guerrilla members. It proposes that in the battle for the redistribution of resources and power within the transitional justice process, gender inequality was included in the most conservative fashion. This conservative view only defines women as mothers and care givers; strictly identifies gender difference according to biological determinism and promotes a superficial interpretation of formal equality. The text also argues that when this perspective influences the design of laws and public policies, women have less access to resources if they don’t want to be mothers or care givers. In addition the Lgtbi population loses because they fall within the cracks of this biological binary.