T-398/19
Public policy regarding support for menstrual hygiene of homeless women
Ana Milena Zambrano Díaz & others v. District Secretary of Health & others
Date: 08/29/2019
Judge-Rapporteur: Alberto Rojas Ríos
Dissent: Carlos Libardo Bernal Pulido
Facts. The plaintiffs acted as unofficial agent of a homeless woman who was facing financial difficulties to the extent that it forces her to make use of unhealthy measures to take care of her menstrual period. They asked the Court to protect her fundamental rights and, consequently, order the District Secretary of Health, to supply her with the appropriate menstrual blood absorption products. They based their request on the principle of human dignity, sexual and reproductive rights, and the fundamental right to appropriately manage menstrual hygiene.
Issue: Do homeless women have the right to services and support on behalf of the authorities, regarding their menstrual period?
Ruling and reasoning. Yes. The right of homeless women to appropriately handle their menstrual hygiene is guaranteed by the constitutional principle of human dignity and the sexual and reproductive rights. Their protection should be enforced at all times.
As a result, the Court GRANTED the protection of the abovementioned rights, and ordered the district authorities to take positive actions to provide adequate hygiene material to the homeless woman, as well as to set appropriate facilities to carry out the change, privately and decently. It also ordered the district authority to educate her about menstrual periods and how to manage them. The protection was also extended by the Court, to all women living on the streets, by ordering the District Secretary to implement a public policy that involves the implementation of a contingency plan, and concrete actions aimed at the supply of suitable absorbent material for women living on the street. Finally, the Court exhorted all the regional entities facing situations involving homeless female population, to review, design, or update their public policies in the matter.
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