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PhD UMU proposes equal and non-transferable maternity and paternity leave (15/11/2016)

A doctoral thesis at the Faculty of Law of the University of Murcia (UMU) by María Luisa Martínez García, with which she obtained the qualification of outstanding cum laude, proposes the convenience of having maternity and paternity leave equal to non-transferable Both parents, as well as the implementation of parental leave.

For the author of the research, behind the legal differences detected between the two permits and the lack of political will to implement a system of equal parental leave in Spain for both parents, the sexual division of care and persistence Of gender roles.

"There is no doubt," reads the conclusions of the doctoral thesis, "that all this perpetuates inequality on the basis of sex, despite Spain being a rule of law pioneering egalitarian legislation, such as the Equality Act and the Law that Authorized marriage between persons of the same sex and which also allowed adoption by homosexual couples. "

The study also comments that biological maternity leave entitlement is female, with the aim of facilitating the physical recovery of working women after pregnancy, childbirth and the puerperium, as well as make it possible to care for the newborn baby .

For this reason, granting maternity leave to the mother beyond the mandatory six weeks of rest after childbirth promotes the role of the woman as caregiver.

The new doctor also points out that although the father can access the enjoyment of the permit in some cases, this option, as a measure of parental conciliation, has little use in practice;

Even in the case of adoption or fostering, where the ownership of the permit is from both parents.

The conclusions also indicate that in the year 2015 the male participation in the maternity benefit was only 1.87 percent.

The doctoral thesis was directed by UMU professor María del Carmen López Aniorte.

Source: Universidad de Murcia

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