La mujer en el trabajo: un nuevo desafío para precautelar el derecho a la salud

Abstract

Despite the fact that the incorporation of women into the labor market constituted a significant advance, and that there is currently a wide regulation in this regard, under a mask of a false equality between men and women, biological needs that have repercussions on the development of daily work and affect the quality of life of those who suffer from it are made invisible. Thus, this project focused on analyzing the feasibility of incorporating menstruation leave in our country. Thus, in the first two chapters, the descriptive method was used to outline the normative and doctrinal foundations of the incorporation of women to work and the various complications of menstruation; and, in chapter three, the critical-descriptive analysis method and the interview technique were used to examine the recognition of this type of leave in comparative law, determine the status of this problem in our country and generate a tentative proposal for the addition of this leave in the Labor Code.

Finally, through this research, it was determined that the regulatory implementation of this leave is necessary as a labor guarantee to safeguard the right to health of menstruating women and menstruating persons.