Closing the Gaps: Bulgaria’s Progress in Menstrual Health Management
By Grace Anarfi-Wadieh
Equality, Dignity, and Health: What’s Still Missing?
“Every person has the right to equality before the law, to dignity, and to a healthy environment that supports life and wellbeing.”
Equality, dignity, and a Healthy Environment are fundamental rights enshrined in Bulgaria’s Constitution. These provide an important framework for the protection of human rights, including the right to health and indirectly, the right to menstrual health. While Bulgaria has made progress through its commitments to gender equality, reproductive health, there is still no explicit legal recognition of the right to menstrual health. This leaves key gaps in access, affordability, and awareness.
Rights Enshrined in the Constitution, Gaps in Recognition
The Constitution of Bulgaria guarantees equality through Article 6, the right to health through Articles 48, 52, 55, and the right to a clean environment through Article 15. Article 24 prohibits discrimination in public or private life, while Article 29 bans exploitation based on religion, tradition or custom. Together, these Articles of the Bulgarian Constitution provide a strong foundation to challenge menstrual discrimination, even when Menstrual Health Management or Menstrual Hygiene Management are not explicitly mentioned.
At a regional level, Bulgaria is also bound by the laws of the European Union, this includes directives on gender equality, health and safety, and the environment (which extends protection to menstruators). The Protection Against Discrimination Act (2004) prohibits discrimination on various grounds, and the Equality of Women and Men Act (2016) requires the state to promote gender equality in all policies. However, despite this strong human rights framework, there is no specific law which regulates menstrual products access or stigma reduction, leaving menstrual health in a legal “blind spot.”
Applying Human Rights Principles to Menstrual Health
When it comes to Availability and Accessibility of Menstrual Health Management in Bulgaria, the Health Act establishes some general obligations to ensure hygiene in education centers and workplaces – and to provide access to health services. This is also a requirement in other establishments, for example, in prisons, the Implementation of Penal Sanctions Act and the European Prison Rules require access to hygiene, which can be interpreted as including menstrual products. Protecting menstruator’s rights even when they are pried of liberty. That being said, there is no national policy mandating free or subsidized menstrual products in schools, hospitals, prisons or workplaces. Distribution depends largely on non-governmental organizations, local initiatives, and private donations.
Being able to afford menstrual products is also a main human right concern. Menstrual products in Bulgaria are taxed at the standard VAT rate of 20%, this is one of the highest in the EU. By comparison, baby diapers and other hygiene products are taxed at a reduced rate of 9%. The European Commission has encouraged Member States to lower or eliminate taxes on menstrual products, but Bulgaria has yet to adopt such reforms. This lack of affordability disproportionately affects women and girls in low-income and rural areas.
Product Quality – Sustainability and MHM
The European Union’s Ecolabel criteria for menstrual products (2023/1792) apply in Bulgaria, promoting safer and environmentally sustainable pads, tampons, and cups. In addition, Bulgaria has transposed the EU Single-Use Plastics Directive, which regulates plastic-containing menstrual products and promotes sustainable alternatives.
Nevertheless, there are no national standards for menstrual products beyond EU requirements, and monitoring is limited. In Bulgaria, disposal systems for menstrual waste are insufficient given that there is no guidance in the Waste Management Act specifically addressing menstrual hygiene products. This poses a threat to our environment, but also the livelihood of Bulgarian citizens.
Education and Awareness: Closing the Knowledge Gap
While the School Education Act requires health education, menstrual health is not included in the national curriculum. Civil society organizations and international donors remain the primary sources of menstrual education, leaving large gaps in awareness and stigma reduction.
The Equality of Women and Men Act requires participatory processes in policymaking, but menstruation has not been explicitly included in these consultations. Workplaces are obliged to provide safe and healthy working environments, yet menstrual needs are rarely addressed in occupational health policies.
Using Existing Legal Tools to Advance Menstrual Rights
Bulgarian law provides different accountability mechanisms: Individuals facing discrimination can file complaints with the Commission for Protection Against Discrimination or seek remedies under the Consumer Protection Act for unsafe products. While there is no menstrual-related litigation in Bulgarian courts to date, these mechanisms are an available alternative.
In a way Bulgaria has a strong constitutional and EU-level foundation to support Menstrual Health Management, and while there is still a need translate these commitments into concrete measures many menstruators can use these frameworks as a base to push forward more initiatives, as well as breaking cultural taboos.
