Bleeding in Silence: A Rights Based Argument for Legal Recognition of Menstrual Leave in Sri Lanka

Abstract

It is widely accepted in international human rights that pregnancy and motherhood should not prevent a woman rom right to work. Being a state party to numerous international treaties, Sri Lanka has recognized maternity leave in both during a birth of a live child and a miscarriage under Maternity Benefits Ordinance No.32 of 1939. Nevertheless, a woman’s reproductive and sexual health goes beyond motherhood, including menstruation and menopause. Hence, in this article, researcher argues that this narrow legal approach on reproductive health should be revisited by legally recognizing menstrual leave in Sri Lanka. The study adopts normative judicial approach by employing existing primary and secondary sources.