An Interface between Menstrual Leaves and the Right to Health: Analysis of Domestic Labour Legislation

Article 7 An Interface between Menstrual Leaves and the Right to Health: Analysis of Domestic Labour Legislation Author- Solymosi-Szekeres Bernadett Page Number: 107-126 Link to the Article: https://www.cllra.com/_files/ugd/efb1cc_3fbe2e35b277427181a83a82b7fe95c7.pdf Abstract: Women persistently encounter considerable barriers in the labour market, including increased rates of non-participation, diminished wages, and constrained access to leadership positions. The job segregation has to be mentioned that exacerbates the gender pay gap and devalues female-dominated jobs. Despite commitments to gender equality, progress is often hindered by ineffective policies and a lack of political will. Women’s disadvantages are often attributed to their biological and social roles, particularly child-rearing, but emerging issues like menstrual poverty underscore the need for reform. Menstruation, an important aspect of women’s health, is largely overlooked in labour law, contributing to indirect discrimination in the workplace. There is a need for the regulation of menstruation in labour law, particularly through menstrual leave, as a necessary step toward gender equality. Menstrual health should be recognised as a human rights issue, requiring policies that address menstruation in the workplace. Menstruation, often overlooked in labour law, significantly impacts women's productivity and well-being at work. While gender-neutral labour laws fail to address specific challenges faced by women, menstrual health, including dysmenorrhea and related symptoms, contributes to absenteeism and presenteeism. Studies show that menstrual pain affects up to 90% of women, leading to missed work or reduced performance. This issue, along with reproductive health concerns, has largely been ignored by occupational health policies. This paper advocates for the inclusion of menstrual health in labour law, proposing flexible working hours, menstrual leave, and improved workplace conditions to support women’s health and reduce productivity losses. Recognising menstruation in labour law not only advances gender parity but also supports broader goals of reproductive health and social justice, improving women’s rights and well-being in the workplace.Keywords- Menstruation, labour law, reproductive health, human rights, health rights.