The Spanish Parliament definitively adopts the law creating menstrual leave

It’s definitely adopted. For the first time in Europe, the Spanish deputies voted, this Thursday, February 16, a law creating menstrual leave for women with painful periods. A measure taken by the government to fight against the taboo that still exists around female menstruation. “This is a historic day for feminist advances”, Equality Minister Irene Montero said on Twitter. The law also authorizes the change of gender from the age of 16.

Hoy es un día histórico de advance en derechos feministas: la nueva Ley del Aborto y la Ley Trans y de derechos LGTBI van a ser ley ️‍⚧️ pic.twitter.com/tcW0kGheTT

— Irene Montero (@IreneMontero) February 16, 2023

The project was adopted at first reading on December 15, with 190 votes in favor and 154 against. In France, two thirds of French women are in favor of it. According to the Spanish Gynecological and Obstetrical Society, a third of women suffer from painful periods, with symptoms such as headaches, fever or even diarrhea. “This legislature is a legislature of feminist conquests“, then rejoiced Irene Montero, Spanish Minister for Equality. “We recognize menstrual health as part of the right to health and we fight stigma and silence.“

However, the duration of this sick leave has not been specified in the bill, but it must be granted by a doctor and will be covered by Social Security. “The message is very clear: menstruation will no longer be a taboo subject. No more going to work with pain or swallowing lots of medicine to go to work and having to hide that we have debilitating pain“, she adds.

Strengthen access to abortion

This measure is part of a broader bill on reproductive health, which also plans to strengthen access to abortion in public hospitals, which today perform less than 15% of abortions in the country. Regarding menstrual health, the text provides:

A strengthening sex education in schools. They should, together with public social centers and prisons, offer free hygienic products to women ;
Products that are sustainable, ecological and as respectful of women’s health as possible;
The abolition of VAT for certain products, in particular stamps.

With these proposals, the text wishes to combat and ending the stereotypes and myths about menstruation that still exist and which complicate women’s lives. “It is important to clarify that we are not talking about mild discomfort, but about serious and disabling symptoms. If someone has a disease with such symptoms, a temporary suspension is granted. It should be the same for menstruation.“, indicated the Secretary of State Ángela Rodríguez in an interview with the newspaper El Periodico in May.

Measures that are already being debated

Within the framework of this law, the Ministry of Equality wants in particular make hormonal contraceptives free, including long-term ones and the morning after pill. He also wants a extended maternity leave before childbirthfrom week 36 until delivery.

Proposals which are already raising questions within several organizations such as the union of the General Union of Workers (UGT) which fears a potential “stigma” women who take their menstrual leave or even a possible brake on hiring on the part of employers wanting to avoid these absences.

It also provides for changes concerning abortion, in particular the removal of the obligation for young women aged 16 and 17 to obtain parental consent before starting an abortion procedure. Access to abortion remains difficult in Spain today: although it was decriminalized in 1985 and then legalized in 2010, abortion remains a “threatened” right due to the strong Catholic tradition in the country. Many doctors continue to use their conscientious objection and refuse to perform a voluntary termination of pregnancy.

Once adopted, the text will become the first country in Europe – and one of the few in the world – to integrate menstrual leave into its legislation, like Indonesia, Taiwan, South Korea or again from Zambia.

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