Spain becomes first European country to approve paid menstrual leave

By Bahle Gama

The Spanish government has approved legislation expanding abortion and transgender rights for teenagers. The government has gone a step further by making Spain the first European country to allow workers to go on paid menstrual leave.

The driving force behind the two laws is reported to have been Equality Minister Irene Montero, who belongs to the junior member in Spain’s left-wing coalition government, the “United We Can” Party.

According to Associated Press, period products will now be offered free in schools and prisons, while state-run health centres will do the same with hormonal contraceptives and the morning-after pill. The menstrual leave measure allows workers suffering debilitating period pains to take paid time off.

Meanwhile, the changes and reproductive rights reportedly mean that teenagers between 16 and 17 can now undergo an abortion without parental consent.

In addition, the changes enshrine in law the right to have an abortion in a state hospital and currently, more than 80 per cent of termination procedures in Spain are reportedly carried out in private clinics due to a high number of doctors in the public system who refuse to perform them with many citing religious reasons.

Under the new system, state hospital doctors will not be forced to carry out abortions, provided they have already registered their objections in writing.

The abortion law in Spain builds on legislation passed in 2010 that represented a major shift for a traditionally Catholic country, transforming Spain into one of the most progressive countries in Europe on reproductive rights.

Spain’s constitutional court reportedly rejected a challenge by the right-wing Popular Party against allowing abortions in the first 14 weeks of pregnancy two weeks ago.

A separate package of reforms also approved by lawmakers further strengthened transgender rights, including allowing any citizen over 16 years old to change their legally registered gender without medical supervision.

Minors between 12-13 years old will need a judge’s authorization to change, while those between 14 and 16 must be accompanied by their parents or legal guardians.

Previously, transgender people are said to have needed a diagnosis by several doctors of gender dysphoria. The second law also bans so-called “conversion therapy” for LGBTQ people and provides state support for lesbians and single women seeking IVF treatment.

The centre-left coalition government is currently under fire for another of Montero’s star projects, a new sexual consent law that was intended to increase protection against rape but has inadvertently allowed hundreds of sex offenders to have prison sentences reduced.

The “Only Yes Means Yes” Law makes verbal consent the key component in cases of alleged sexual assault. The government is reportedly now struggling to come up with an amended version and end the controversy ahead of elections later this year.

The three initiatives have met strong opposition from the right-wing parties that form Spain’s main opposition bloc. Spanish Equalities Minister Irene Montero said the newly implemented legislation is a progress for feminist rights.

Menstrual leave is currently only offered in a handful of countries around the world, including Japan, South Korea, Indonesia and Zambia.