The European Court of Human Rights condemned a prior French court ruling that blamed a woman for her divorce due to refusal of sex, recognizing her rights to personal autonomy and privacy. This decision marks a pivotal moment in the advocacy for women's rights within the context of marital laws.
European Court Upholds Women's Autonomy in Landmark Ruling on Marital Obligations
European Court Upholds Women's Autonomy in Landmark Ruling on Marital Obligations
A historic decision by the European Court of Human Rights overturns a French court's ruling that penalized a woman for refusing sex during her marriage, reaffirming her rights over her sexual autonomy.
In a pivotal ruling, the European Court of Human Rights has affirmed the personal autonomy of women in marriage, condemning a past French court decision that deemed a woman at fault for her divorce due to her refusal to engage in sexual relations with her husband. The case stems from a divorce dispute involving a couple who had been married for approximately 30 years, with the wife attributing the marriage’s deterioration to her husband’s demanding work schedule.
In 2019, the Versailles Court of Appeals ruled that the woman, referred to as H.W., was responsible for the marital breakdown because she had ceased to participate in what the court described as “intimate relations.” It characterized her lack of sexual engagement as a “serious and repeated violation” of her marital obligations. However, this interpretation heavily drew on traditional views of marital duty, raising concerns among women's rights activists in France regarding the implications of such rulings on personal freedoms.
On January 23, 2025, the European Court of Human Rights issued a strong rebuke of the French ruling. The court asserted that a state's backing of such marital obligations contradicts the tenets of sexual freedom and a person’s right to bodily autonomy. The ruling underscored that marital consent does not equate to unconditional future consent for sexual activity, and governments must actively work against domestic and sexual violence.
This landmark ruling has been hailed as a victory by women's rights groups, emphasizing its significance in the broader fight against sexual violence and abuse within intimate relationships. The decision signals a shift towards recognizing individual rights within marriage, particularly for women, and could serve as a catalyst for reform in marital laws in France and potentially other European nations.
