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2024 Strani Pravni Zivot 1 (2024)

handle is hein.journals/spvniz2024 and id is 1 raw text is: Mario Lj. Reljanovic* Originalni naucni dlanak Jovana M. Rajiv Calic** UDK: 349.2-055.2 doi: https://doi.org/10.56461/SPZ_24101KJ Primljeno: 10. 10. 2023. Prihvaceno: 23. 3. 2024. MENSTRUAL LEAVE AND GENDER EQUALITY Summary Menstrual leave is one of the latest developments in Spanish law. By amending their labour law in order to recognize the right to menstrual leave, Spanish legislators have brought this topic back into the spotlight of European labour law. Although recognized in various legislations around the world, most notably in Asia, the right to menstrual leave has not been established as an interna- tional labour law standard. Therefore, there are many open ques- tions concerning its recognition, the content of the legal institute, as well as the consequences of its introduction into the labour leg- islation. Authors deal with the question whether menstrual leave is a need of women today, so its introduction to labour law can be treated as a progressive legislative development. If so, what is the justification for introducing such special leave and in which cir- cumstances it should be provided? In order to analyse these ques- tions in more detail, research has been divided into several sec- tions. After the introductory part, authors deal with the reason- ings pro et contra introducing menstrual leave to national legisla- tion. This is followed by comparative analysis of normative solu- tions in all countries that recognize the right to menstrual leave, and brief analysis of the possibility to introduce this right to the EU acquis. Finally, in concluding remarks authors offer the broader picture of the potential role and position of the menstrual leave in the national labour law and antidiscrimination law. Keywords: gender equality, menstrual leave, menstrual stigma, period poverty, accomodation of work environment. * PhD, Research Fellow, Institute of Comparative Law, Belgrade. E-mail: m.reljanovic@iup.rs ORCID: https://orcid.org/0000-0001-6379-7545 ** PhD, Research Fellow, Institute of Comparative Law, Belgrade E-mail: j.rajic@iup.rs ORCID: https://orcid.org/0000-0003-4658-3451 1

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