Menstruation in Prison: The Struggle for Menstrual Equity in U.S and Canadian Prisons

The Overlooked Reality of Menstruation in Prisons 

In December 2023, the Canadian government declared menstruation to be a “fact of life” and for pads and tampons to be deemed “basic necessities” [1] Yet for incarcerated women, these essentials are far from guaranteed. Across prisons in North America, access to menstrual products is frequently restricted or outright denied; a systemic failure that subjects menstruating women to humiliation, health risks, and a fundamental loss of dignity [2]. In the United States alone, about 170,000 people are held in women’s jails and prisons, with 90% being under the age of 55 and likely to menstruate [3]. Conversely, Canada’s incarcerated female population is smaller, at around 2000 individuals [4]. However, both groups of women face systemic neglect of their basic menstrual needs, and it's important to understand the barriers incarcerated women face, and the steps we can take to uphold and protect the dignity of all menstruating people behind bars [5].  

Why Menstrual Equity Matters in Prison

Menstrual equity is the right to access menstrual products combined with a safe and hygienic environment to manage one’s period [6]. Though it is a basic human right, menstrual equity remains out of reach for many vulnerable populations [1,7]. Importantly, this issue extends beyond cis-gender women, as trans men, and non-binary individuals who menstruate also face barriers to accessing menstrual products, often accompanied by stigma and gender-based dysphoria [4]. Meeting these needs is not a luxury, but a fundamental matter of health, hygiene, and human dignity. 

Historically, prisons have been designed around the needs of men, treating topics such as menstruation as an afterthought [5]. Yet, women and gender-diverse people now represent the fastest-growing segment of the prison population [4]. Despite this increase in population size, prisons have failed to adapt, and consequently created a critical gap in care for those who menstruate behind bars [6]

The denial of proper menstrual care inflicts deep psychological harm, compounding the dehumanization of incarcerated individuals [2]. Stripped of privacy, many report feeling humiliated and degraded by institutional neglect of their basic needs [5,3]. Being forced to beg officers for tampons, with no guarantee their request will be granted, reinforces powerlessness over their own bodies [2,5]. This systemic disregard for dignity perpetuates the trauma of imprisonment, leaving lasting scars long after release. 

Barriers to Menstrual Care Behind Bars

Incarcerated individuals face severe challenges in managing their periods. Supplies are often limited, with a survey from Darivemula et al. (2023) finding that over half of the women in U.S. jails received less than five menstrual products upon intake, and nearly a third resorted to trading goods or favours to obtain pads or tampons [6]. For many, the only viable solution was to suppress their periods entirely using birth control or other hormonal contraceptive methods [4]. 

In Canada, federal prisons comply with international standards by providing free sanitary pads, but tampons are frequently excluded [1]. In Quebec, incarcerated women reported having to purchase tampons from the commissary, as only pads are freely distributed [1]. Even in places where both products are available, the quantities are extremely limited [1]. On average, a menstruating individual may need at least 3-6 pads or tampons per day. The lack of access means these individuals often have to beg guards for more or to stretch their products far longer than is hygienically safe [3,5] 

While federal policy mandates free pads, tampons often come at a cost, and reports of insufficient supplies persist nationwide [1]. Provincial jails are not usually required to meet federal standards, thus suffering from similar issues with access to menstrual products [1]. 

The Cost of a Period in Prison

Many incarcerated individuals enter prison from marginalized backgrounds marked by poverty, trauma, and poor health prior to imprisonment [5]. The systemic neglect of their basic menstrual needs exacerbates these existing inequalities and, in turn, causes further harm to already vulnerable individuals [3]. When prisons provide inadequate supplies, the only alternative is purchasing products from the commissary; an impossible burden given prison wages are often pennies per hour or non-existent [3]. In Texas, incarcerated individuals are not paid for their work, but must still buy the products they need [4]. One woman stated that she receives just one pack of pads and five tampons per month, which is far below what someone with a heavy flow requires [3]. Those unable to afford commissary commonly resort to dangerous improvisation: stuffing their underwear with toilet paper, or using socks and rags [3]. By treating menstrual products as luxuries rather than necessities, prisons strip incarcerated women of basic bodily autonomy. 

The lack of affordability can lead to direct health risks. Some individuals without access to enough pads or tampons may leave them far past the 3-6 hour safe window in order to save product [2]. Wearing a tampon for too long increases the risk of Toxic Shock Syndrome (TSS), which is a serious and potentially fatal infection [2]. Women are also at increased risk for urinary tract infections (UTIs), bacterial vaginosis, and skin rashes as a result of longwear of menstrual products [2]. No one should be forced to choose between health and hygiene, yet this is the reality for countless incarcerated individuals. 

Steps Towards Dignity and Respect

Recent years have seen growing awareness and advocacy to address menstrual injustice in prisons. In the United States, the 2018 First Step Act mandated free menstrual products in federal prisons, a bipartisan effort to restore dignity behind bars [6]. However, this victory remains limited: federal prisons house only a portion of incarcerated women nationwide, leaving the majority in state prisons and local jails without guaranteed access [6]. 

In Canada, while the federal government recognizes menstrual products as basic necessities, the implementation in prisons falls short. Though federal prisons must supply free pads under the UN Bangkok Rules, loopholes persist, including inconsistent quantities and availability [4,1]. 

The path forwards relies on enforcement and equity. If federally regulated workplaces now provide free menstrual products, then prisons, where bodily autonomy is already restricted, must also comply. Incarceration should not strip anyone of their right to hygiene and dignity. As a society, we must continue challenging menstrual stigma, especially for marginalized groups, and push for reforms that guarantee free, adequate products for all incarcerated menstruators in North America. 

References: 

1. Belec, H. Access to Menstrual Products in Federally Regulated Prisons in Canada. Centre for Human Rights Research (2024)

2. Bobel, Chris, et al. The Palgrave Handbook of Critical Menstruation Studies. Palgrave Macmillan, 2020. 

3. Law, V. & Kauder Nalebuff, R. How Prisons Use Menstruation as a Form of Punishment. TIME Magazine (2023)https://doi.org/10.1089/jwh.2023.0085.  

4. Paynter, Martha J., and Clare Heggie. “Abortion and contraception policy in prisons in Canada.” The Prison Journal, vol. 105, no. 1, 4 Nov. 2024, pp. 44–61, https://doi.org/10.1177/00328855241292790. 

5. Silverman, Alexa. “History of menstrual injustice.” Columbia Undergraduate Research Journal, vol. 6, no. 1, 3 May 2022, https://doi.org/10.52214/curj.v6i1.9182. 

6. Darivemula, Shilpa, et al. “Menstrual equity in the criminal legal system.” Journal of Women’s Health, vol. 32, no. 9, 1 Sept. 2023, pp. 927–931,