Progress, perspective and purpose: Reflecting on International Women’s Day and the future of law in Scotland

Family law associate Brittany Thomas reflects on an inspiring event celebrating International Women’s Day and the contributions of women in law.

On Thursday 5 March 2026, members of Scotland’s legal community gathered at an event at Parliament Hall to mark the 115th anniversary of International Women’s Day (IWD). Parliament Hall provided an incredibly powerful backdrop for all attendees to reflect on how far the law, and the legal profession, has come in recognising the experiences and contributions of women in law.

Opening the event, the Lord President, the Right Honourable Lord Pentland, reflected on the importance of a justice system that both commands public trust and reflects the society that it serves. In particular, he commented that a modern legal profession cannot be seen as distant or out of touch. It must seek to attract talent and ambition from every part of society and ensure that women are neither underrepresented nor undervalued within it.

The progress over the past century was summarised by the Lord President and was striking to all those who listened. When Madge Easton Anderson called as a solicitor in 1921, she was the first woman to enter the profession following the Sex Disqualification (Removal) Act 1919. Yet, it would take many more decades before a woman reached the senior ranks of the Scottish judiciary. It was not until 1996 that Scotland saw its first female judge (Lady Cosgrove) in the Court of Session. The time between those milestones illustrates both the barriers that once existed and the pace of change in more recent decades.

‘Progress should not invite complacency’

Today, more than half of Scotland’s solicitors are women. Visible role models now exist across the profession for all to see. That progress has strengthened the justice system itself, bringing a broad range of perspectives and experiences to the legal profession. Despite this, the Lord President was very clear: this progress should not invite complacency.

In her address, the Lord Advocate, Dorothy Bain KC, reflected on the profound changes that have taken place in the law’s response to violence against women and girls. Within living memory, the criminal justice system permitted intrusive questioning about a complainer’s sexual history. Legal understandings of domestic abuse were often confined to specific incidents of physical violence, overlooking the complex patterns of control and coercion that characterise many abusive relationships that women face.

Over the past several decades, however, the law has evolved significantly. Greater understanding of coercive control (as first articulated by Professor Evan Stark) reframed domestic abuse as a crime not merely of violence but of liberty. Abuse could involve psychological domination, isolation, intimidation and the erosion of a victim’s autonomy. Recognising these dynamics has transformed how domestic abuse is understood in law.

Criminalising coercive behaviour

In Scotland, the Domestic Abuse (Scotland) Act 2018 represented a major step forward in criminalising patterns of coercive and controlling behaviour. The law now acknowledges that abuse is often a course of conduct rather than a single incident. This shift reflects a deeper recognition of victims’ lived experiences and the structural inequalities that can make women particularly vulnerable to such harm.

Legal doctrine has also evolved to the realities faced by women who have lived with prolonged abuse. Historically, defences such as provocation or self-defence were used by men and were framed around confrontations between individuals of equal physical power and facing immediate threat. They did not adequately capture the circumstances of a woman living under sustained intimidation and violence.

However, courts have begun to recognise how prolonged abuse can shape a victim’s perception of danger and the response to it. In Scotland, the appeal case of Kim Galbraith 2002 JC 1 marked an important moment in acknowledging how a woman’s lived experience of abuse must inform the law’s approach to responsibility and culpability.

Recent developments also illustrate the justice system’s growing willingness to confront the wider consequences of domestic abuse. In a recent landmark case in the High Court in Glasgow, a man was convicted of the culpable homicide of Kimberly Milne, whose death by suicide was found to be directly linked to his sustained abuse and coercive control. The case demonstrated the devastating impact that psychological abuse can have and signalled an evolving legal recognition of its consequences.

Wide-ranging discussion

The conversation at the IWD event also extended beyond domestic abuse to issues such as human trafficking, sexual exploitation and child sexual abuse. This discussion illustrated the continuing need for a justice system that is both trauma-informed and responsive to the experiences of those victims. At the heart of this work lies a simple but powerful principle: the most vulnerable in society must be able to seek justice safely and without fear of judgement.

Reflecting on the past also highlighted how dramatically the legal landscape has changed. A century ago, a woman who had been raped may have faced insurmountable barriers to justice. Marital rape was not recognised. Intoxication or unconsciousness could undermine a prospect of conviction. Questioning about sexual history was commonplace. The courtroom itself (judge, counsel and jury alike) would have been exclusively male.

Today, the law is far from perfect but it has evolved considerably in recognising women’s rights, dignity and autonomy. Procedural reforms include the increased use of pre-recorded evidence and proposals for specialist courts dealing with sexual offences, to reduce the trauma experienced by complainers participating in the justice system.

Reflection and recognition

International Women’s Day provides an opportunity to reflect not only on the challenges that remain but also on the remarkable progress that has already been achieved. It invites us to recognise the generations of women who challenged entrenched assumptions, entered professions that once excluded them, and reshaped the law and the process.

For women within the legal profession itself, the transformation has been profound. When Dorothy Bain KC began her career, female role models in senior legal positions were scarce. Today, women serve at the highest levels of Scotland’s legal institutions – as judges, advocates, law officers and leaders. They are very real role models that we can look up to, and hope to emulate.

International Women’s Day reminds us that progress in the law has always been driven by those willing to question established assumptions and push the boundaries of justice. Scotland’s legal system is stronger for the contributions of the women who have shaped it – both past and present.

Determination to achieve

Yet, with all this being said, the most powerful message of the day may have been the simplest. Rather than focusing on perceived limitations, aspiring lawyers – particularly young women entering the profession – should focus on what they can achieve. Confidence, determination and authenticity remain essential qualities in a profession that continues to evolve.

As we mark 115 years of International Women’s Day, the task ahead is clear: honour the legacy, continue strengthening the justice system and ensure that the law serves all members of society with fairness, dignity and respect. The direction of travel is really encouraging, and the profession has every reason to approach the future with determination and with hope. A positive message that we can all take forward in our legal careers.

Brittany Thomas is a senior associate in the family law team at Wright, Johnston & Mackenzie (part of the Irwin Mitchell group). She also sits on the Women in Law Scotland committee.