Polina Boiko (p.boiko student.rug.nl), Katarina Raud (k.raud student.rug.nl) and Lynn Schulz (l.schulz.6 student.rug.nl), LLM students Health and Technology Law, University of Groningen.

From puberty to pregnancy and menopause, a woman’s hormones, such as estrogen, human Chorionic Gonadoptropin (hCG), and progesterone, shape her life and have an impact on her right to health. However, hormonal health is not merely biological; it is affected by laws that determine access to services, recognition of medical conditions, and protection against discrimination. This blog post explores women’s hormonal health as a matter of human rights. While there are many relevant issues to be discussed in this context, this blog post focuses on hormonal fluctuations in the context of the right to health and non-discrimination, data protection and awareness raising.

Hormonal Care as a Human‑Rights Issue

Hormones serve a multitude of functions in the human body. Some are especially important for women’s health and, contrary to popular belief, not just their reproductive health.¹ Below are a few key hormones that play a vital role in a woman’s life, cycle and their societal relevance:

Estrogen: regulates the menstrual cycle, breast development, bone and heart health, and mood; its decline after menopause creates a higher fracture risk.² This and other health issues occurring during perimenopause are not sufficiently reflected, for example, in the workplace, even though the perimenopause can last for up to a decade of a woman's life.³
Progesterone: prepares the uterus for implantation, sustains pregnancy, and stabilizes mood. Low progesterone can lead to depression, gallbladder issues and, in the context of pregnancy, increases the risk for miscarriage and preterm labour.⁴
Testosterone: supports female libido, muscle and bone strength, and overall energy.⁵ If testosterone is too low, often after menopause, it can lead to decreased energy and depression, with only little attention paid to the health impacts on women in clinical studies.⁶
Oxytocin and Prolactin: govern labor contractions, lactation, and promote social bonding and stress relief.⁷ Restrictive maternity-leave rules ignore the hormonal basis of these processes and result in a higher rate of postpartum depression.⁸

Women’s bodily functions and wellbeing are profoundly and structurally affected by hormonal fluctuations, creating medical needs that differ from those of men.⁹ These range from routine management of menstrual-related symptoms (e.g. dysmenorrhea, premenstrual dysphoric disorder) to the treatment of hormone related conditions such as endometriosis or estrogen-dependent cancers and mood disorders. Yet societal structures and policies rarely reflect these gender-specific requirements. For example, essential medicines that stabilize or regulate hormonal cycles, most notably combined oral contraceptives (such as  ones containing ethinylestradiol or levonorgestrel), are still not recognised for this function in the WHO’s essential medicines list and hormonal replacement therapy used after menopause is not included in this list at all.¹⁰

This disconnect is a matter of international human rights law. Hormonal care is a human rights matter, and addressing cycle-related conditions and raising awareness is likewise a legal concern. Despite conditions like endometriosis, polycystic ovary syndrome (PCOS) and premenstrual dysphoric disorder (PMDD) affecting a significant portion of women, the diagnosis is often delayed due to limited awareness and understanding of the etiology of these conditions.¹¹ This lack of awareness is a major factor in women receiving incorrect treatment, which has adverse effects on the realisation of the right to health under Article 12 ICESCR.¹² Moreover, the symptoms can be debilitating, affecting health, work and school performance, thereby reinforcing structural inequality.¹³ This is exacerbated by the fact that in many jurisdictions access to reasonable accommodations at workplaces and educational institutions, as well as disability protections and other legal entitlements depend on a formal and timely diagnosis.¹⁴

Research gaps, lack of awareness and understanding of cycle-related conditions also negatively impact the right to enjoy the benefits of scientific progress, as provided by Article 15(1)(b) ICESCR, as this provision entails not only the development of knowledge, but also its accessibility and dissemination.¹⁵ The lack of medical training and public discourse on this matter further facilitates the exclusion of the affected women from the knowledge about their own bodies, as well as the benefits of the scientific progress in the field.

In general, public and academic awareness of endometriosis, PCOS and PMDD has recently grown. The formal recognition of PMDD in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and later in International Statistical Classification of Diseases and Related Health Problems (ICD-11) is illustrative of this change, and it is expected that detection and treatment  of the diagnosis will increase, as medical providers will gain more awareness of the disorder.¹⁶ Nevertheless, despite the increased visibility, the existing research suggests that current methods of PMDD assessment might be inadequate because of the disconnect between research and clinical practice.¹⁷ Symptom tracking for two consecutive cycles is the diagnostic standard, however, it has been reported to have limited clinical utility.¹⁸ In practice, many medical providers will instead rely on retrospective assessment which often does not provide accurate diagnostic information due to inaccuracies and memory bias.¹⁹ Similarly, for endometriosis, the reliance on laparoscopy—an invasive surgical procedure—as the main diagnostic tool has contributed to a global delay in diagnosis of seven to nine years.²⁰

Data Protection as a Precondition for Effective Hormonal Care

From symptom tracking to clinical assessments, hormonal care is largely reliant on the systematic collection and evaluation of highly sensitive health information. While collection of such data can improve our understanding of cycle-related health or help detect illnesses at an early stage, it also raises certain data protection concerns.²¹ For instance, commercial cycle tracking applications often gather additional information, such as user activity in the app and across different platforms.²² If this information is not adequately secured, it may be used to facilitate targeted advertising or contribute to broader forms of digital surveillance by enabling inferences about a user’s reproductive health, habits, or vulnerabilities without them being aware of it.²³ In the clinical context, reproductive health data may be stored or shared across multiple different systems, increasing the risk of unauthorised access or misuse.

At the international level, the right to privacy is protected by multiple legal frameworks (e.g. Article 8 ECHR, Article 12 UDHR, Article 17 ICCPR) which underscore that privacy cannot be seen as merely an individual preference.²⁴ Instead, it is a prerequisite that allows individuals to exercise their human rights safely and without fear.²⁵ In the context of hormonal health, confidentiality enables open communication with healthcare providers and the reliable documentation necessary for formal and correct diagnosis.

In the EU, information about menstrual cycles, mental health symptoms or pregnancy status falls within the meaning of ‘special categories of personal data’ established by Article 9 of the General Data Protection Regulation (GDPR), making it a subject of enhanced protection.²⁶ Its processing is prohibited unless one of the defined derogations apply, such as, inter alia, healthcare provision or explicit consent.²⁷ These safeguards reflect the increased risks associated with processing of special categories of data, as misuse of such sensitive data can be extraordinarily damaging to the data subject. Despite this, it is reported that opaque data sharing practices, third party analytics services employed by the period trackers, and unclear consent practices often undermine the effectiveness of these protections in practice.²⁸ This gap between the regulatory intent and practical implementation reflects the ongoing challenges in safeguarding reproductive health data in the increasingly data driven world.

Conclusion

In light of the foregoing, it becomes clear that hormonal care and the menstrual cycle are not just a medical issue, but also an issue of human rights. For many women, hormonal fluctuations or cycle-related conditions affect a number of aspects of their life, creating specific health- and non health-related needs. Failures in addressing these needs may raise human rights concerns, including in the context of the right to health, the right to benefit from scientific progress and non-discrimination. The gaps in research and public discourse lead to delayed diagnosis and structural inequality, reinforcing the human rights dimension of the topic.  Moreover, the right to privacy and data protection play a crucial role, as often hormonal care and menstrual health services rely on processing of sensitive data, the misuse of which can have particularly harmful consequences for the data subject. At the EU level, more remains to be done to ensure that reproductive health data is effectively protected in practice, especially in light of persistent issues with opaque data sharing practices and insufficiently informed consent. In order to raise awareness about this issue and to ensure adequate hormonal care, greater attention must be devoted not only to continuous research and disseminating the knowledge, but also to improving the clinical practice by, inter alia, incorporating diagnostic procedures for cycle-related conditions into physician training.

Endnotes

1.  ‘Hormones: What They Are, Function & Types’ (Cleveland Clinic, 23 February 2022) <https://my.clevelandclinic.org/health/articles/22464-hormones> accessed 6 March 2026; Stacy Miller, ‘The Full List of Female Hormones and Their Functions’ (Hormona, 21 July 2025) <https://hormona.io/blog/the-female-hormones-what-do-they-do/> accessed 23 February 2026.

2.  ibid.

3.  ‘Menopause and the Workplace: Consensus Recommendations from The Menopause Society’ (2024) 31 Menopause 741, 741 et seq <https://doi.org/10.1097/GME.0000000000002415>.

4.  ‘Low Progesterone: Causes, Symptoms, Tests & Treatment’ (Cleveland Clinic, 16 January 2023) <https://my.clevelandclinic.org/health/diseases/24613-low-progesterone> accessed 6 March 2026.

5.  ‘Low Testosterone In Women: Causes, Symptoms & Treatment’ (Cleveland Clinic, 12 April 2023)

<https://my.clevelandclinic.org/health/diseases/24897-low-testosterone-in-women> accessed 6 March 2026.

6.  Susan R Davis and Sarah Wahlin-Jacobsen, ‘Testosterone in Women—the Clinical Significance’ (2015) 3 The Lancet Diabetes & Endocrinology 980 <https://doi.org/10.1016/S2213-8587(15)00284-3>.

7.  Miller (n 1).

8.  Liliana Hidalgo-Padilla and others, ‘Association between Maternity Leave Policies and Postpartum Depression: A Systematic Review’ (2023) 26 Archives of Women’s Mental Health 571 <https://doi.org/10.1007/s00737-023-01350-z>.

9.  ‘What Is Estrogen-Dependent Cancer?’ (Cleveland Clinic, 9 February 2025) <https://my.clevelandclinic.org/health/diseases/10312-estrogen-dependent-cancers> accessed 23 February 2026; Tisha Elizabeth Jacob, ‘Is It “Just Hormones”? Why Women’s Mental Health Is Often Misunderstood’ (The Week, 18 February 2026)

<https://www.theweek.in/news/health/2026/02/18/is-it-just-hormones-why-womens-mental-health-is-often-misunderstood.html> accessed 23 February 2026; A PONTIKAKI, S SIFAKIS and DA SPANDIDOS, ‘Endometriosis and Breast Cancer: A Survey of the Epidemiological Studies’ (2016) 11 Oncology Letters 23.

10.  World Health Organization, The Selection and Use of Essential Medicines, 2025: WHO Model List of Essential Medicines, 24th List (World Health Organization 2025) 54 <https://doi.org/10.2471/B09474> accessed 23 February 2026.

11. Islas-Preciado D, Ramos-Lira L and Estrada-Camarena E, ‘Unveiling the Burden of Premenstrual Dysphoric Disorder: A Narrative Review to Call for Gender Perspective and Intersectional Approaches’ (2025) 15 Frontiers in Psychiatry,  <https://doi.org/10.3389/fpsyt.2024.1458114> accessed 1 March 2026 1-2.

12. International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 (ICESCR) art 12.

13.  Schoep M and others, ‘Productivity Loss Due to Menstruation-Related Symptoms: A Nationwide Cross-Sectional Survey among 32 748 Women’ (2019) 9 BMJ Open e026186 <https://doi.org/10.1136/bmjopen-2018-026186> accessed 3 March 2026 6-9; Okamoto M and others, ‘The Association between Menstrual Symptoms and Presenteeism: A Cross-Sectional Study for Women Working in Central Tokyo’ (2024) 21 International Journal of Environmental Research and Public Health 313 <https://doi.org/10.3390/ijerph21030313> accessed 3 March 2026 1-3.

14. Adegoke AO and Johnston K, ‘Menstrual Discrimination: Period Pain, Productivity and Performativity’ [2025] Equality, Diversity and Inclusion: An International Journal 1 <https://doi.org/10.1108/EDI-12-2024-0591> accessed 3 March 2026 10-12; see also f.e. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation [2000] OJ L 303.

15.   International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 (ICESCR) art 15(1)(b);  CESCR, ‘General comment No. 25 on article 15: science and economic, social and cultural rights’ (2020) para 8.

16.  Craner JR, Sigmon ST and McGillicuddy ML, ‘Does a Disconnect Occur between Research and Practice for Premenstrual Dysphoric Disorder (PMDD) Diagnostic Procedures?’ (2014) 54 Women & health 232 <https://doi.org/10.1080/03630242.2014.883658> accessed 3 March 2026 233.

17.  ibid, 241-242.

18. ibid.

19.  ibid.

20.  ‘Faster, Easier Diagnoses for Endometriosis Sufferers’ (CORDIS | European Commission) <https://cordis.europa.eu/article/id/435613-faster-easier-diagnoses-for-endometriosis-sufferers> accessed 4 March 2026.

21.  D Hofmann, ‘FemTech: empowering reproductive rights or FEM-TRAP for surveillance?’ (2024) 32 Medical Law Review 468, 470.

22.  K Kemp, ‘Your Body, Our Data: Unfair and Unsafe Privacy Practices of Popular Fertility Apps’ [2023] UNSW Law Research 1.

23.  ibid.

24.  Convention for the Protection of Human Rights and Fundamental Freedoms (signed 4 November 1950, entered into force 3 September 1953) 213 UNTS 221, art 8; Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)) art 12; International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171, art 17.

25. ibid.

26.  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EU (General Data Protection Regulation), [2016] OJ L 119/1 art 9.

27.  ibid., art 9(2).

28.  Kemp (n 22); E Hammond, M Burdon, ‘Intimate harms and menstrual cycle tracking apps’ (2024) 55 Computer Law and Security Review 1.