BYU Law Review
Abstract
Menstruation, a fundamental biological process experienced by nearly half of the global population, remains shrouded in stigma and silence despite its critical role in sustaining human life. Many women and girls face inadequate menstrual health management and education, undermining their ability to experience a full range of human rights. While menstruation has gained increased public visibility in recent years, the United Nations (UN)—the cornerstone of the global human rights system—has been slow to meaningfully integrate this issue into its agenda. The time is now for the UN to formally recognize menstrual health as a human right by advancing global advocacy and committing funding and institutional resources. Specifically, the Human Rights Council should establish a Special Procedure on the right to menstrual health at its sixty-second session. As the “crown jewel of the international human rights system,” special procedures possess an unparalleled capacity to develop human rights norms, address cross-cutting and emerging issues, and engage with both state and non-state actors. By creating this new special procedure mandate, the UN can advance menstrual health as a critical human rights issue, fostering progress for millions worldwide. Without meaningful advancements in menstrual health, the promise of gender equality will remain fundamentally out of reach.
Rights
2026 Brigham Young University Law Review
Recommended Citation
Hunter Tarry,
Bleeding into Human Rights Law: The Need for a Special Procedure on the Right to Menstrual Health,
51 BYU L. Rev.
1791
(2026).
Available at: https://digitalcommons.law.byu.edu/lawreview/vol51/iss6/10
Included in
Health Law and Policy Commons, Human Rights Law Commons, International Law Commons, Law and Gender Commons
