The Legal Paradigm of Menstrual Leaves Policy in the United Arab Emirates, Kuwait, and Afghanistan

Abstract

Most legal regimes have failed to provide paid menstrual leave for women during employment, and this failure is due to several factors. Primarily, “menstruation” is very private. In some societies, it is still a taboo and degrading practice; employed women do not like to discuss it with their employers, mainly (who are men). The present study examines the legal framework and challenges of menstrual leave in the United Arab Emirates, Kuwait, and Afghanistan. The existing article ponders three specific research questions: Is the menstrual leave a blessing or a curse? Should employ women be entitled to period leave under an Islamic regime? How effective are the legal frameworks and the regulatory types of laws in the above three states? The study is employed doctrinal legal research in which normative approaches were to evaluate the literature to acquire the required legal propositions. The literature gathered and used in this study will include secondary, primary, and legal documents. This qualitative exploration aims to analyse the national principles on recognising menstrual policy, which is scarce. This is unlike the situation in Indonesia, Russia and Spain. To cope up with such scarcity, this study mined any type of relevant statutes that the UAE, Kuwait and Afghanistan have enacted and published, including written (manifestos, books, and articles on labour issues. Furthermore, the study is limited to the legal system of the aforementioned states. The study is expected to help women empowerment, create legal awareness, highlight right health in the light of right under the statutory laws.