Spain could become the first country in Europe to approve temporary paid leave in cases of painful menstruation, a measure included in the text of the abortion law reform. At least one in ten women in the country suffer from endometriosis, but it is only one of several pathologies related to the period. The debate has been opened between those who consider this step as a stigmatization and those who affirm that it will guarantee fundamental and labor rights.
Severe pain in the lower abdomen and back, headaches and/or fever, among others, are part of the symptoms that some women suffer from month to month with the menstrual cycle. A situation that is still invisible in work environments and that many even endure when working.
Although not all women suffer from the ailments, between 20% and 25% of those who present the condition register a disabling degree, according to some investigations. In addition, diseases such as fibroids, ovarian polyps or endometriosis can hide behind the signs. The latter affects around one in ten women in Spain, according to data from the Ministry of Health.
Against this background, the country aims to be a pioneer in Europe in endorsing paid temporary disability due to painful menstruation, after last Tuesday, May 17, the Council of Ministers approved the text of the reform of the abortion law, which includes licenses when period pain is extreme.
An unprecedented proposal on the continent and in much of the world, promoted by the Ministry of Equality, which, however, is not without controversy after a tense negotiation with the Ministry of Social Security.
And the debate is open, in the streets and on social networks. Among the political reticence, the position of the Minister of Economic Affairs, Nadia Calviño, stands out, who has publicly reiterated that the approval of the norm could “stigmatize women” in the labor market if they take days off due to this situation.
But how would the initiative be put into practice? Stigmatization or vindication in labor rights? We consulted some experts in this matter.
“Labor rights can never be a source of stigmatization”
The stigmatization lies in the lack of recognition of basic rights, since the labor market continues to be “profoundly androcentric”, Toni Morillas, director of the Women’s Institute, attached to the Ministry of Equality, and one of the leaders of negotiations between ministries.
“Labor rights can never be a source of stigmatization (…) We have to bet that the legal system in our countries allows us to move towards a labor market that eliminates all gender gaps, that women have to go to work with pain, that we have to accept that when we have painful menstruations, the best thing to do is to keep quiet, to make it invisible, it is something absolutely unacceptable. Therefore, the step we are taking is of enormous depth and political importance because it implies a paradigm shift in labor rights”, he affirms.
And it is that Morillas emphasizes that the application of the rule would be accompanied by a medical assessment and would only occur in cases in which the rule generates serious pain, from which the affected person can access a leave or license.
In order to guarantee the effectiveness of the rule, the days of leave, which will not be limited but determined by the doctor, will be paid and covered entirely by the State with public funds, not by employers.
Likewise, the coverage covers from the first day of sick leave and not later, unlike how other temporary disabilities currently work in the country.
Nor will it be necessary to comply with the prior contribution requirement in the Social Security system.
Still, the bill has been divisive. From the unions and the Government there are some voices in disagreement about the implications of some women being absent for a few days.
The Secretary for Equality of the Spanish Socialist Workers’ Party (PSOE), Andrea Fernández, has openly indicated that “assuming that the rule itself requires special consideration may be unhelpful and detrimental.” Although she also highlighted the need for more research and treatment of diseases related to the menstrual cycle, another point included in the reform.
Women need adequate research, diagnosis and treatment to address the conditions associated with our reproductive system. Assuming that the rule itself requires special consideration may be unhelpful and detrimental.
— Andrea Fernandez. 🇪🇺 (@afernb) May 12, 2022
For Silvia Aldavert, coordinator of the Associació Drets Sexual i Reproductius (Association of Sexual and Reproductive Rights) in Catalonia, on the contrary, the new regulations will help normalize and make visible the medical situations of some women without affecting their working life, since the menstruation and its possible conditions remain a taboo.
“It seems extraordinary, but instead when we talk about sick leave or work permits due to low back pain, sciatica, otitis or others, at no time do we have any doubt that the health professional is authorizing something correctly (…) This measure must also be accompanied of a public awareness program to understand that the affectations in menstruation that do not allow normal life are not usual, they are exceptional cases in which women have a more complex or delicate type of menstruation”, she highlights.
For her part, Jimena López Sánchez, spokesperson for the Madrid Commission for the Right to Abortion, stresses that it is not just about recognizing sexual or reproductive rights, but also labor rights. She assures that this type of legislation would not be a double-edged sword to increase discrimination in the work environment, but on the contrary, it would provide conciliation measures.
“Discrimination against women in the labor market already exists, we charge differentiated salaries, there are much fewer contracts for women and it is measures like these that normalize that we can link to the market (…) We must stop judging women as if they were to look for tricks not to work when we have shown that this is not the case, we are half of the world’s population and this is social responsibility. If we have more dignified lives, the situation of society will also be more equitable and better”, emphasizes López .
Although the bill marks a milestone for Spain, the country has already seen some progress in this area. The City Councils of Castellón and Girona have been pioneers in applying this type of measure for approximately a year, allowing employees to have an eight-hour leave for these pathologies that they can recover the following month.
After the experience, they emphasize that the measure works and that only the cases of women who require it have requested it. The license is authorized by a doctor.
“It is the labor and economic system that has to adapt to social realities and guarantee the fundamental and labor rights of people who menstruate, there should be no discussion because the framework of the labor market must be to guarantee the rights of workers and workers,” emphasizes Aldavert.
Research on the menstrual cycle, a pending account
The director of the Women’s Institute, Toni Morillas, emphasizes to France 24 that the legislative changes point to educational and research components around the menstrual cycle. The proposal includes directing public resources to medical and scientific research on long-standing diseases.
For example, diagnosing endometriosis, one of the most painful conditions related to periods, takes an average of eight years. Situations that add to irregularities or effects that some women have registered after receiving vaccines against Covid-19.
“We must make a commitment to an investigation of the menstrual cycle so that the cases in which there are pathologies are also improved in terms of the speed of diagnosis and prevention policies,” she adds.
Another of the regularizations that for now has not been incorporated into the text of the bill, but that the Ministry of Equality aspires to include, is related to greater access to menstrual management products, through the exception of VAT and its free supply in educational centers, prisons and public bodies, according to Morillas.
The measure has been approved in a first instance in the Council of Ministers, but for its entry into force there is still a process that includes the parliamentary procedure. However, the project has been presented urgently, which plans to reduce the stipulated deadlines. It is estimated that the rule will finally be sanctioned before the end of the current legislature.
But the debate has already begun and with its application Spain seeks not only to pave the way for unprecedented regulation in Europe, but also to respond to accounts still pending in health and labor law.
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