Workplace protections needed for menstruation and menopause
Sydney Colussi
As the Australian government announces a Senate inquiry into the impact of menopause on women鈥檚 health, careers and finances, academics from the Body@Work Project have published a paper in the examining international law as it relates to reproduction and the right to work.
鈥淚t鈥檚 now nearly universally accepted that pregnancy and childbirth shouldn鈥檛 impact the right to work, but other reproductive issues 鈥� notably menstruation and menopause 鈥� have not yet received adequate attention in international law,鈥� said lead author Sydney Colussi, a PhD candidate at the University of Sydney.
We argue that if the right to work is to be properly upheld, the law needs to protect women from discrimination they face for reproductive issues at all stages of their life.
鈥淭his is important for the young woman working a trade on a job site without access to adequate bathroom facilities, for the older professional experiencing hot flushes in an unventilated office, and the hundreds of millions of other workers experiencing potential discrimination every day because of inadequate support.鈥�
The researchers examined two human rights conventions, the International Covenant on Economic, Social and Cultural Rights and the Convention to Eliminate All Forms of Discrimination Against Women, to which many countries are signatories, including Australia.
They found these international conventions offer a range of important anti-discrimination protections for pregnancy and childcare, health protections for pregnant workers, the right to paid maternity leave, and some workplace breastfeeding rights 鈥� but no explicit recognition of menstruation and menopause.
Feminised professions such as teaching are facing a workforce sustainability crisis in Australia. Pictures: Adobe Stock
鈥淭here are cases of direct discrimination against workers for these issues, and in the UK, US and New Zealand, workers have brought anti-discrimination claims alleging unfair treatment and dismissal related to menstruation and menopause,鈥� Ms Colussi said.聽聽
鈥淐loser to home, suggests that society鈥檚 attitude to menopause is costing Australian women $17 billion in lost earnings and retirement savings.
鈥淭here are few studies on the role menopause plays in influencing retirement decisions, but in Australia we know that women retire earlier than men. A recent revealed that women retire on average at 54, compared to 59 for men, and 34 percent of retired women relied on their partner鈥檚 income to meet their living costs, compared to 7 percent for men,鈥� she said.
鈥淎ustralia is also facing a workforce sustainability crisis in feminised industries such as health care, social assistance and education. All this means it is critical to ensure that menopause is not having an adverse impact on women鈥檚 careers.
鈥淚nternational law has moved in the right direction in protecting women workers for pregnancy and childcare, but we have further progress to make to accommodate other fundamental reproductive issues. This is central to the UN Sustainable Development Goals of gender equality and decent work and economic growth.
鈥淭he result could be greater equality and economic independence for women and a stronger, more resilient global economy.鈥�