The women and girls’ right of access menstrual hygiene products

Authors

  • Pedithep Youyuenyong Chiang Mai University

Keywords:

Right of Access Menstrual Products, Rights of Women and Girls, Menstrual Hygiene Management, Financial Hardship

Abstract

The right to access menstrual products guarantees that every woman and girl has the right of access to all adequate, acceptable, and affordable menstrual pads and menstrual hygiene materials (i.e. reusable pads, disposable pads, menstrual cups and tampons) related to the menstrual hygiene management (MHM) regarding the needs of menstruating girls and women and the purpose for tackling the lack of access to hygiene menstrual products due to financial constraints. This academic article seeks to consolidate in one place key women and girls’ fundamental rights covering the opportunity to access hygiene sanitary products and understand the importance of good MHM to reduce the health risk of getting lack of access to safe and affordable sanitary products. It also examines the extent to which the legal aspects promote the objectives of the MHM and the focus on women and girls’ rights in law and policy that the women and girls’ right of access menstrual products can be interpreted within the legal frameworks that support freedom of free access to pads, tampons and other menstrual products as it applies to free pads and tampons provided by public bodies, or in a wider sense to encompass both Government's commitment to provide free pads and tampons to all women in domestic jurisdiction and circulation of free-of-charge pads and tampons at educational institutes (i.e. universities, academies, institutes, polytechnics and schools), where the menstruating women students’ right of access to menstrual hygiene products like pads and tampons should be promoted by the State.

References

ActionAid UK. (2020). Period poverty. Available at https://www.actionaid.org.uk/about-us/what-we-do/womens-economic-empowerment/period-poverty Retrieved on March 24, 2020.

American Civil Liberties Union. (2019). The Unequal Price of Periods: Menstrual Equity in the United States. Available at https://www.aclu.org/sites/default/files/field_document/111219-sj-periodequity.pdf Retrieved on March 24, 2020.

American Medical Women's Association. (2019). Period Poverty. Available at https://www.amwa-doc.org/period-poverty/ Retrieved on March 24, 2020.

Bringing Resources to Aid Women’s Shelters. (2018). Periods, Poverty, and the Need for Policy: A Report on Menstrual Inequality in the United States. Washington, DC: University of the District of Columbia.

California Legislative Information. (2017). AB-10 Feminine hygiene products: public school restrooms (2017-2018). Available at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB10 Retrieved on March 24, 2020.

Children and Young People's Commissioner Scotland. (2017). Ending Period Poverty A proposal for a Bill to ensure free access to sanitary products, including in schools, colleges and universities: Consultation Response. Edinburgh, UK: Children and Young People's Commissioner Scotland.

Engender. (2019). Engender submission of evidence to the Scottish Parliament Local Government and Communities Committee Call for Evidence on the Period Products (Free Provision) (Scotland) Bill. Available at https://www.engender.org.uk/content/publications/Engender-submission-of-evidence-to-the-Local-Government-and-Communities-Committee-Call-for-Evidence-on-the-Period-Products-05-11-2019.pdf Retrieved on March 24, 2020.

Eskitaşçıoğlu, I. (2019). Access to Menstrual Products is a Constitutional Right. Period: On Period Poverty and the (Un) Constitutionality of Tampon Tax. Available at https://verfassungsblog.de/access-to-menstrual-products-is-a-constitutional-right-period/ Retrieved on March 24, 2020.

European Parliament. (2019). P8_TA (2019)0014 Gender equality and taxation policies in the EU European Parliament resolution of 15 January 2019 on gender equality and taxation policies in the EU (2018/2095(INI)). Available at https://www.europarl.europa.eu/doceo/document/TA-8-2019-0014_EN.pdf Retrieved on March 24, 2020.

Hartman, V. (2017). End the Bloody Taxation: Seeing Red on the Unconstitutional Tax on Tampons. Northwestern University Law Review Vol. 112, No. 2: 313–353.

Hey Girls UK. (2019). How to Distribute Period Products. East Lothian, UK: Hey Girls UK.

Howcroft, E. (2020). Scottish parliament approves free sanitary products for all women. Available at https://www.reuters.com/article/us-britain-scotland-sanitary/scottish-parliament-approves-free-sanitary-products-for-all-women-idUSKBN20J1NZ Retrieved on March 24, 2020.

Illinois General Assembly. (2017). Bill Status of HB3215. Available at https://www.ilga.gov/legislation/BillStatus.asp?GA=100&DocTypeID=HB&DocNum=3215&GAID=14&SessionID=91&LegID=104882 Retrieved on March 21, 2020.

Illinois General Assembly. (2019). Bill Status of HB3215. Available at https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2656&GAID=15&DocTypeID=HB&LegId=118825&SessionID=108&GA=101 Retrieved on March 21, 2020.

International Federation of Gynecology and Obstetrics. (2019). Month After Month: Period Poverty. Available at https://www.figo.org/news/month-after-month-period-poverty-0016153 Retrieved on March 21, 2020.

LegiScan. (2019). New Hampshire Senate Bill 142 (Prior Session Legislation). Available at https://legiscan.com/NH/text/SB142/id/1860709 Retrieved on March 21, 2020.

Montano, E. (2018). The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided for Free in Restrooms. University of Miami Law Review Vol. 73, No. 2: 370-411.

Nobel Peace Center. (2020). When period poverty has become an accepted term – we've got a problem. Available at https://www.nobelpeacecenter.org/en/news/when-period-poverty-has-become-an-accepted-term-we-got-a-problem Retrieved on March 25, 2020.

PHS Group. (2019). Lifting the lid on period poverty: Period poverty research. Caerphilly, UK: phs Group.

Plan International UK. (2018). Break the Barriers: Girls' Experiences of Menstruation in the UK. London, UK: Plan International UK.

Scottish Parliament. (2019). Period Products (Free Provision) (Scotland) Bill. Available at https://www.parliament.scot/parliamentarybusiness/Bills/111383.aspx Retrieved on March 24, 2020.

Scottish Parliament. (2019). Proposed Sanitary Products (Free Provision) (Scotland) Bill - Monica Lennon MSP: Summary of Consultation Responses. Available at https://www.parliament.scot/S5MembersBills/Consultation_Summary_FINAL.pdf Retrieved on March 24, 2020.

Seely, A. (2020). VAT on sanitary protection. London, UK: House of Commons Library.

Simavi. (2018). Menstrual Health: Training Manual. Amsterdam, Netherlands: Simavi.

State Government of Victoria Australia. (2019). Free sanitary pads and tampons in all public schools. Available at https://www.education.vic.gov.au/about/programs/Pages/free-sanitary-pads.aspx Retrieved on March 24, 2020.

Tull, K. (2019). Period poverty impact on the economic empowerment of women. K4D Helpdesk Report 536. Brighton, UK: Institute of Development Studies.

Uhrig, N. (2017). Equality and Human Rights Commission Response to the Ending Period Poverty Consultation by Monica Lennon MSP. Glasgow, UK: Equality and Human Rights Commission.

Unite House. (2018). Unite demands Period Dignity. Available at https://unitetheunion.org/campaigns/unite-demands-period-dignity/ Retrieved on March 23, 2020.

United Nations Educational, Scientific and Cultural Organization. (2014). Good policy and practice in health education. Booklet 9: Puberty education and menstrual hygiene management. Paris, France: United Nations Educational, Scientific and Cultural Organization.

United Nations Children's Fund. (2019). Guidance on Menstrual Health and Hygiene. New York, NY: United Nations Children's Fund.

United Nations Population Fund. (2019). Menstruation and human rights - Frequently asked questions. Available at https://www.unfpa.org/menstruationfaq# Retrieved on March 24, 2020.

Vora, S. (2017). Tackling Period Poverty Report. Devon, UK: No More Taboo.

Downloads

Published

2020-05-20

How to Cite

Youyuenyong, P. (2020). The women and girls’ right of access menstrual hygiene products . Public Health Policy and Laws Journal, 6(2), 435–451. Retrieved from https://so05.tci-thaijo.org/index.php/journal_law/article/view/240754

Issue

Section

Academic Article / Perspectives