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2024 Strani Pravni Zivot 1 (2024)

handle is hein.journals/spvniz2024 and id is 1 raw text is: 




Mario  Lj. Reljanovid*                                   Originalni  naueni dlanak
Jovana M. Rajid Calid**                                          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 ofthe 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


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