The early battle for women's rights in the UK

To honour International Women’s Day, Judge & Priestley has produced three articles looking at the struggle to overcome discrimination and to create a more equal society. In this first piece, we look at how as little as 60 years ago, women had hardly any rights at all, especially in the workplace, and how that gradually began to change.

It seems difficult to believe now but as recently as the 1960s, women in the UK had few automatic rights in most areas of their lives, including marriage, their work and even in relation to their own bodies. Discriminatory practices were the social norm. For example, the infamous ‘marriage bar’ meant that women were often expected to give up their jobs when they married so they could run the home for their husbands. This was born out of the idea that a woman's place was solely within the domestic sphere, relegating them to secondary roles as wives and mothers. However, the winds of change began to blow in the 1960s with the emergence of the Women’s Liberation Movement, paving the way for significant legal reforms aimed at dismantling gender-based inequalities. 

The Rise of the Women’s Liberation Movement

The 1960s heralded a new era of activism as the Women’s Liberation Movement, which started in America, gained momentum across the UK. Fuelled by a desire for equality and justice, a generation of women challenged the status quo and demanded substantive changes in both law and society. At the forefront of this movement were landmark pieces of legislation that reshaped the landscape of women’s rights in profound ways.

Abortion Act 1967

One of the first significant victories came with the passage of the Abortion Act 1967. Prior to this legislation, abortion was illegal under the Offences Against the Person Act. This dated back to 1861 and made it a crime to “procure a miscarriage” or to help someone to do so. The 1967 Act overturned that, legalising abortion during the first 24 weeks of pregnancy under certain conditions. For example, if continuing with the pregnancy would put the woman’s health at risk. This marked a crucial step towards recognising women's reproductive rights and autonomy over their bodies.

Equal Pay Act 1970

One of the most pivotal pieces of legislation in the fight for gender equality was the Equal Pay Act 1970. This groundbreaking law aimed to eradicate the pervasive practice of gender-based wage discrimination, ensuring that women received equal pay for equal work. By challenging the systemic undervaluation of women’s labour, the Act represented a significant step towards economic parity and fairness in the workplace. Despite its success, however, the gender pay gap persists today, highlighting the ongoing need for vigilance in enforcing equal pay laws and addressing underlying disparities.

Matrimonial Causes Act 1973

The Matrimonial Causes Act 1973 marked a significant departure from traditional notions of marriage and divorce, granting women greater autonomy. Until 1973, divorce was subject to the Matrimonial Causes Act 1857. This treated husbands and wives differently. For example, it allowed a husband to divorce his wife purely on the grounds of her adultery. However, adultery would not be enough for a woman to divorce her husband. She would have to show that there were other aggravating circumstances as well. This could be impossible to prove. The 1973 Act introduced the concept of "irretrievable breakdown" of marriage as grounds for divorce, offering women an avenue to escape untenable relationships and assert their independence. 

Sex Discrimination Act 1975

Building upon the momentum of the Women’s Liberation Movement, the Sex Discrimination Act 1975 sought to address discrimination on the basis of sex or marital status in various spheres of life, including employment, education, and training. The Act stated that “a person discriminates against a woman... if, on the ground of her sex he treats her less favourably than he treats or would treat a man”. It also became illegal to discriminate against a person “on the grounds of his or her marital status”. The law was subject to certain caveats, but it marked a huge step forward in prohibiting discriminatory practices and promoting equal opportunities for women, laying the groundwork for a more inclusive and equitable society in the decades to come. 

Pregnancy Discrimination Act 1975

Recognising the unique challenges faced by pregnant women and new mothers in the workplace, the Pregnancy Discrimination Act 1975 provided essential protections against discrimination related to pregnancy, childbirth, and maternity leave. By safeguarding women’s rights during pregnancy and childbirth, the Act aimed to ensure that women could participate fully in the workforce without fear of reprisal or discrimination. 

Did these changes end discrimination?

These new laws from the 1960s and 1970s marked a huge step forward for women’s rights and equality. From the legalisation of abortion to the enactment of anti-discrimination legislation, each milestone represented a critical step towards dismantling entrenched gender norms and empowering women to fully participate in society. 

However, in the subsequent decades and as the new millennium approached, it was clear that the fight for gender equality was far from over. Despite the progress made, disparities persisted, meaning that these landmark legal breakthroughs needed to be strengthened and updated. We shall address the fight for women’s rights and equality in the 21st century in our second article marking International Women’s Day. 

Please click here to read the second article for International Women's Day