Events reported to have happened last week at Brown's Cheese Limited in Limuru have resurrected the subject of menstruation.

It was reported that some company officials coerced female staff to undress so that they could establish who was on her menses, hence detect who had disposed of a sanitary pad in the wrong bin. Notably, the officials were female, and in a woman-led company!

The inanity in the alleged action may be seen through the following questions. Suppose the stripping revealed that all the women workers were menstruating, how would the offender have been identified? Suppose none was menstruating?

Even if only one was on menses, would that mean she was the offender? It could very well be that her menses started that morning while that of the offender already stopped. Suppose it was a case of used condoms? Would male staff have been paraded for inspection? And inspection of what?

Also read: Protesters throw pads into Brown’s Cheese compound after period shaming incident

Such behaviours were targeted in the Mining Bill moved by Hon. Joyce Lay in the 11^th parliament with a proposal that the licence of a company should be revoked if it violated human rights. This was in the backdrop that a certain mining company was subjecting women staff to daily evening searches to establish whether they had concealed stolen gemstones in their private parts.

Such procedures fall under what human rights instruments call “cruel, inhuman and degrading treatment”. The Maputo Protocol, to which Kenya is a signatory, requires states parties to “ensure the protection of every woman's right to respect for her dignity”.

Filthy tag

Demonisation of menstruation is evident in many forms. The common phrase “menstrual hygiene” suggests that menses is filthy. Thus some quarters prefer “menstrual health” instead. 

Some religious scriptures also declare menses unclean and require that a man who has had intercourse with a woman in her periods be ostracised, alongside his partner who must also offer a burnt offering on the eighth day to be cleansed. 

While the same scriptures prescribe comparable penalties for men who have had seminal discharges, how can such a requirement be enforced? Religious prohibition of intercourse during menses is a matter of common sense. After all, sex does not disappear into the wilderness if you do not have it when you want it.

A study in the United Kingdom (UK) established that 50 per cent of female workers on menses faced significant stigma, with a third reporting that their colleagues trivialised menstrual pangs. About 10 per cent had received derisive comments about the condition. 

The stigma was noted to be more pronounced in male-dominated organisations. Women staff who asked for leave were accused of laziness. Due to this attitude, 60 per cent would not discuss menses with their colleagues or superiors. Thus when they needed a break from work for menstrual reasons, they would cite a different reason. 

The study further noted that many workplaces did not have sanitary bins. The net effect was a continuous silence about menstruation even when affected women could do with some help to address the related discomforts. Another study in the Netherlands established that 33 per cent of women reported being less productive during menses, with a number taking sick days off work.

Menstrual leave

A 2021 survey by Bloody Good Period, also in the UK, noted the following discomforts women at the workplace experienced: low energy (83 per cent), pain (79 per cent), reduced concentration (61 per cent) and anxiety about accidental leakages (57 per cent). Recognising such discomfort, a few progressive countries have legislated menstrual leave days. 

Early this year, Spain passed a law entitling women to three to five days of paid menstrual leave. Japan, South Korea, Zambia and Indonesia have similar statutes, put in place in 1953, 1953, 2015 and 2003 respectively. But there are debates as to whether such legislation can create new avenues for discrimination against women. Could it, for example, be used to reduce their remuneration and deny them other forms of leave?

Beyond menstruation, women also often face overt and covert discrimination because of pregnancy. In the 1990s, the request by a pregnant police officer called Bonnie Hyde for a desk job was rejected in Texas, USA, on the grounds that she was employed to be on patrol, not do desk work. 

How many other women have faced pregnancy-related salary cuts, denial of benefits, derogatory remarks and forced premature retirement? How many are eliminated from recruitment shortlists because they are pregnant, plan to be so, or have small children?

How many times do we hear that women are lousy bosses because of mood swings during menses? How many companies treat pregnancy as a loss to business because of the three months’ maternity leave? Is it not time we treated menstruation and women’s other biological functions with the respect they deserve?

The writer is an international gender and development consultant and scholar ([email protected]).