Analyzing Contending Models of Paternity Leave:

A Critical-comparative Approach Centered in the Non-transferable Exclusive License Model

Abstract

This article presents a critical-comparative analysis between paternity, maternity and parental leave models in Sweden and Denmark. We do this in order to inform the reader about the current discussions on the possible models for implementation of paternity leave, aiming on feeding the legislative and academic debate in Brazil, even though we recognize the current socioeconomic reality, in which structural counter-reforms on Social Security takes place, and while a Capital Crisis is unfolding. First, we present an outlook about parental leave legislation in both Scandinavian nations. Afterwards, a comparative analysis is established between the Swedish and the Danish models. The article justifies the choice for the analysis of both paradigms by pointing out the mutually opposed characteristics these models encompass, and by the derivations that took place after the implementation of austerity policies through paternity leave legislation at these countries. The article takes pays especial attention at the Non-transferable Exclusive License Model and its consequences for the widening of the utilization of paternity leave in Sweden. In addition, through the study of the Danish Model, we demonstrate the intrinsic connection between not paying in full parental leave benefits and the statistic lesser use by male adopters and genitors of this social right.