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Menstrual health issues are human rights issues
The new Road Traffic Act became effective February1, 2023.
Columns
February 22, 2023

Menstrual health issues are human rights issues

In many European societies we have witnessed the influence of feminism in the drafting and passing of specific pieces of legislation which are aimed at making life a bit more manageable for women.

Recently, Spain became the first country in Europe to pass a three-day paid menstrual leave law. This groundbreaking legislation has been enacted in only a few countries — Taiwan, Japan, Indonesia, South Korea, and Zambia. The Spanish Equality Minister Irene Montero, an outspoken feminist in the left-wing Government, hailed “a historic day of progress for feminist rights”.

The law gives the right to a three-day “menstrual” leave of absence with the possibility of extending it to five days for those women with disabling periods which can cause severe cramps, nausea, dizziness, and even vomiting. The leave requires a doctor’s note, and the public social security system will foot the bill.

Research indicates that a significant number of women who menstruate suffer from severe pain known as dysmenorrhea. According to the Cleveland Clinic, dysmenorrhea is the medical term for painful menstrual periods which are caused by uterine contractions. Primary dysmenorrhea refers to recurrent pain, while secondary dysmenorrhea results from reproductive system disorders. Menstrual cramps can be severe enough to interfere with everyday activities for a few days every month.

FEMALE SEXUAL AND REPRODUCTIVE RIGHTS

A woman’s right to sexual and reproductive health is a critical component of her overall well-being and wellness. Unfortunately, female sexual and reproductive rights are still not discussed on a large-scale basis, especially in those societies with an overarching culture of patriarchy and misogyny in which sex is still very much a tabooed subject.

Violations of women’s sexual and reproductive health and rights are often due to deeply engrained beliefs and societal values pertaining to women’s sexuality. Women’s sexual and reproductive health is related to multiple human rights, including the right to life, the right to be free from torture, the right to health, the right to privacy, the right to education, and the prohibition of discrimination. The Committee on Economic, Social and Cultural Rights (CESCR) and the Committee on the Elimination of Discrimination Against Women (CEDAW) have both clearly indicated that women’s right to health includes their sexual and reproductive health. Additionally, the special rapporteur on the right to health maintains that women are entitled to reproductive health-care services and goods and facilities that are accessible economically and without discrimination.

Parliamentary representation matters. Additionally, Europe and the Scandinavian countries have been rather progressive in this regard, given their leadership and participation in parliamentary affairs. It is important to note that the main trade union in Spain also supported the move to have paid menstrual leave. It would be very interesting to see what happens in the Caribbean on this issue and other related issues such as period poverty.

PERIOD POVERTY

Period poverty is described by the UN as the struggle many low-income women and girls face while trying to afford menstrual products. The term also refers to the increased economic vulnerability women and girls face due the financial burden posed to obtain menstrual supplies. These include not only menstrual pads and tampons but also related costs such as pain medication and underwear. Sadly, many women and girls globally have had to improvise with unsuitable alternatives to manage their periods.

Period poverty does not only affect women and girls in developing countries; it also affects women in industrialised countries.

Human rights are rights that every human being has by virtue of his or her human dignity. Menstruation is intrinsically related to human dignity when people cannot access safe bathing facilities and safe and effective means of managing their menstrual hygiene.

The United Nations adds that menstruation-related teasing, exclusion, and shame also undermine the principle of human dignity. Gender inequality, extreme poverty, humanitarian crises, and harmful traditions can all turn menstruation into a time of deprivation and stigma, which can undermine their enjoyment of fundamental human rights.

Menstrual health issues are human rights issues. As a result, the impact of menstrual health is of importance to the wider society as a whole. This means that men and boys must be involved in conversations about gender equality and promoting positive masculinities aiming to eliminate menstruation-associated stigma and discrimination. In order to rid societies of myths associated with menstrual health we must think outside the box and engage non-traditional stakeholders in ongoing discourse to pass the requisite legislation and provide the policy framework which is clearly not keeping pace with realities of our times.

Will we see our trade unions, for example, lead in this matter of paid menstrual leave? Will Jamaica takes the lead in legislating for this type of leave in the Caribbean?

The time is perhaps opportune for Jamaica’s female parliamentarians to debate the issues of period poverty and paid menstrual leave. Certainly, the issue of paid menstrual leave is worthy of a national dialogue, especially against the background of the CEDAW treaty, which is a tool of empowerment for bringing about changes to women’s daily lives.

Wayne Campbell is an educator and social commentator with an interest in development policies as they affect culture and/or gender issues. Send comments to the Jamaica Observer or waykam@yahoo.com.

Menstruation is intrinsically related to human dignity when women and girls are unable to access the means to manage their menstrual hygiene.
Wayne Campbell

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