SPAIN BECOMES THE FIRST EUROPEAN COUNTRY TO GRANT WOMEN A PAID MENSTRUAL LEAVE
GHRTV
06-03-2024
Oona Carteron
Human Rights Researcher
Global Human Rights Defence
On Thursday January 16th, 2023, Spanish MPs passed a bill granting women the right to ask for paid menstrual leave.[1] This groundbreaking decision comes in the wake of a new debate on the public policy stage related to the difficulties to endure period pain whilst in the workspace. “This is a historic day for the advancement of women’s rights” wrote Equality Minister Irene Montero, on twitter following the adoption of the bill.[2] Although the Spanish case sparked a debate on severe period pain in various European countries, in France however a bill proposal on the same topic was rejected by the senate this Wednesday February 7th, thus showing the persistence of controversies surrounding the topic.
The Spanish law now allows women to take a paid leave in the event of incapacitating pain resulting, for instance, from pathologies such as endometriosis. The logic rooted in this text is the societal fact that some women endure period-induced debilitating pain and other hormonal symptoms that greatly hinder their ability to work. The menstrual leave is part of a wider legislative proposal which includes a broader range of women’s health and gender equality measures. For instance, as part of the new law, Spanish MPs voted to allow young women to undergo an abortion procedure from the age of 16 without needing authorisation from their parents or guardians.[3] The new law project would also allow anyone over the age of 16 to legally change their assigned at birth gender on their ID card. Following in Denmark’s footsteps, this decision stands as a landmark victory for LGBTQI+ activists as only a handful of countries have passed legislation on the topic.
The decision was admittedly not unanimous. Adopted at 185 votes against 154 with 3 abstentions, both the government’s socialist wing and the country’s two largest trade unions have voiced concerns, arguing that menstrual paid leave would hinder the recruitment of women by employers wanting to avoid absenteeism. On the right side of the political spectrum, the reluctance is also quite visible with many MP’s warning against the risk of further stigma and hindrance for women’s employment on the labour market. While the relevance of certain criticisms is debatable, the text is not entirely devoid of limitations. Indeed, feminist militant networks and LGBTQI+ civil society NGOs have highlighted the need to maintain anonymity at every stage of the procedure. Indeed, it is fundamental that it doesn’t reinforce the pre-existing stigma surrounding women’s period pain and misogynistic beliefs that women are less qualified because of biological differences. Additionally, anonymity is crucial in ensuring for instance that menstruating transgender men are not forced to come out to their colleagues if they ask for a menstrual leave.[4] The law should thus find a solution so that everyone is able to exercise their right without fear of discrimination or any negative consequences.
While most European progressive political movements are praising the Spanish government for their forward-thinking innovative policies and their leadership on women’s rights issues, it is important to point out that the “western world” actually seems a little behind in the race for gender equality. Indeed, countries such as Japan, Indonesia,[5] Korea, Zambia, Taiwan and Vietnam are already implementing it, and have been for sometime over half a century.[6] Japan was the first country to implement menstrual leave. It was introduced in the Japanese labour law in 1947 after female conductors employed by the Tokyo Municipal Bus company initiated a series of strikes demanding decent sanitary facilities within the workplace, thus paving the way for a broader advocacy campaign for women’s rights.
This victory for European women's rights is above all an opportunity to break the taboo and stigma too often associated with periods in our societies and to initiate a broader conversation on healthcare equality, women's health and social justice. In a society where women are too often told to endure and stay quiet, speaking up about struggles related to menstruations is an important first step towards raising awareness on painful pathologies and breaking the boundaries of an omnipresent period shame culture.
Sources and further readings :
[1] Ley Orgánica 1/2023, de 28 de febrero, por la que se modifica la Ley Orgánica 2/2010, de 3 de marzo, de salud sexual y reproductiva y de la interrupción voluntaria del embarazo. (2023). Boletín Oficial del Estado. Consulted on March 6, 2024 https://www.boe.es/buscar/act.php?id=BOE-A-2023-5364
[2] Valdés I. (2023, June 01). Las bajas menstruales entran en vigor: cómo pedirlas, qué no puede
preguntar la empresa y otras claves. El Pais, Consulted on March 6, 2024 https://elpais.com/sociedad/2023-06-01/las-bajas-menstruales-entran-en-vigor-como-pedirlas-que-no-puede-preguntar-la-empresa-y-otras-claves.html
[3] Euronews, (2023, May 17). L'Espagne devient le premier pays européen à instaurer un congé menstruel. Euronews, Consulted on March 6, 2024
[4] Delanoë L. (2023, March 19). Congé menstruel : après l'Espagne, des parlementaires français de gauche préparent des propositions de loi. FranceInter, Consulted on March 6, 2024 https://www.radiofrance.fr/franceinter/conge-menstruel-apres-l-espagne-des-parlementaires-francais-de-gauche-preparent-des-propositions-de-loi-6667100
[5] State Gazette of the Republic of Indonesia on Manpower Article 81, Indonesia Labour Law, Act 13 of 2003. Consulted on March 6, 2024. https://www.ilo.org/dyn/travail/docs/760/Indonesian+Labour+Law+-+Act+13+of+2003.pdf
[6] Gacemi I. (2023, February 16). Congé menstruel : avant l’Espagne, ces pays qui l’ont déjà mis en place. Libération par AFP, Consulted on March 6, 2024
