WOMEN, LEGAL POSITION OF. Within the last seventy-five years by a gradual process, slower for the married than for the unmarried woman, and very rapidly accelerated since the partial political enfranchisement of women in 1918, the greater number of the common law old established dis abilities of women have been abolished, so that in England and Wales, in 1929, there is an approximation to a legal equality between men and women, politically, professionally and edu cationally. On the other hand, during these same years, a num ber of new statutory restrictions or legal regulations and condi tions applicable only to women have been introduced, of which the greater number either affect the capacity of a woman as an industrial worker, or fix a wage lower for women than for men for the same job.
Sovereign: Peeresses: Privy Council.—A woman, married or unmarried, may be sovereign with all the rights and powers of a male sovereign, but the sons of a sovereign and their issue succeed before a daughter (Act of Settlement 1700). A woman may be a peeress in her own right but the majority of peerages descend only to males. Certain ancient peerages are held by females in default of males and certain new peerages pass to a daughter of the first peer in default of sons. Notwithstanding the Sex Disqualification Act 1919 (see below) a woman who holds one of these recently created peerages by special remainder is not entitled to receive a writ of summons or to sit in the House of Lords (Viscountess Rhondda's Claim 1922, 2 A.C. 339). It has not been decided whether a Scottish peeress in her own right is entitled to vote in the election of Scottish Peers to the House of Lords or is eligible for election thereto. Unlike a male peer a peeress in her own right may vote for a member of the House of Commons. A woman may be a Privy Councillor.
Franchises and Eligibility: League of Nations.—A woman, married or unmarried, is entitled to vote for, and is eligible to be elected to, the House of Commons, a Town or County Council or other local governing body on the same terms as a man (Representation of the People [Equal Franchise] Act 1928 ss. I and 9; Sex Disqualification [Removal] Act 1919; and Parliament [Qualification of Women] Act 1918 s. 1). By the Covenant of the League of Nations, which is the First Part of the Treaty of Versailles, "all positions under or in connection with the League, including the secretariat, shall be equally open to men and women" (Article 7[3]). By Part XIII. of the same
Treaty, which sets up the international Labour Organization, "the principle that men and women shall receive equal remu neration for work of equal value" is laid down as well fitted to guide the policy of the League (Article 427, Principle 7).
Other Political, Professional and Educational Rights.— A woman may be registered as a medical practitioner (1876, 39 and 4o Vict. c. 41). All the Universities admit women to degrees with certain exceptions ; and, except Cambridge, to mem bership. Midwifery has the status of a profession by the Mid wives Acts 1902 and 1918 and nursing by the Registration of Nurses Act 1919. A sweeping change is made by the Sex Dis qualification (Removal) Act 1919, section 1, as follows:— A person shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorporated by Royal Charter or otherwise) and a person shall not be exempted by sex or marriage from the liability to serve as a juror: Provided: (a) notwithstanding anything in this section His Majesty may by Order in Council authorise regulations to be made providing for and prescribing the mode of admission of women to the civil service of His Majesty, and the conditions on which women admitted to that service may be appointed to or continue to hold posts therein, and giving power to reserve to men any branch of or posts in the civil service in any of His Majesty's possessions overseas, or in any foreign country ; and (b) any judge, chairman of quarter sessions, recorder or other person before whom a case may be heard may, in his discretion, on an application made by or on behalf of the parties (including in criminal proceedings the prosecu tion and the accused) or any of them, or at his own instance, make an order that the jury shall be composed of men only or of women only as the case may require, or may, on an application made by a woman to be exempted from service on a jury in respect of any case by reason of the nature of the evidence to be given or of the issues to be tried, grant such exemption.