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

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 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. 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.