A woman who refuses to have sex with her husband should not be deemed “at fault” in divorce proceedings, Europe’s highest human rights court, the European Court of Human Rights (ECHR), ruled, condemning France’s legal stance.
On Thursday, the ECHR sided with a 69-year-old French woman, referred to only by her initials, HW, whose husband had filed for divorce, citing her refusal to have sexual relations as the primary reason. The court unanimously found that France had violated the woman’s right to privacy and family life under the European Convention on Human Rights.
The case revolved around a divorce granted by French courts, where the woman’s refusal to engage in sexual relations was used as the basis for the divorce. The court ruled against this, saying that the concept of marital duties should consider consent as the foundation for sexual relations, highlighting the importance of bodily autonomy and sexual freedom.
The woman did not contest the divorce itself but objected to the grounds under which it was granted. The ECHR emphasized that any notion of marital obligations must align with the principles of consent and should not undermine a person’s autonomy over their body. The ruling further pointed out that the husband could have petitioned for divorce based on the irretrievable breakdown of the marriage, rather than the wife’s refusal of sexual relations.
The couple, married in 1984, had four children, including a disabled daughter who required constant care. The marriage had been in decline after the birth of their first child, with the woman’s health deteriorating since 1992. In 2002, her husband began physically and verbally abusing her. By 2004, she had stopped engaging in sexual relations with him and later petitioned for divorce in 2012.
Despite the woman’s claims, a Versailles appeals court sided with the husband in 2019, and the French Court of Cassation dismissed her appeal without explanation. Undeterred, she took the case to the ECHR in 2021.
Her case garnered support from two prominent women’s rights organizations in France: Fondation des Femmes (Women’s Foundation) and Collectif féministe contre le viol (Feminist Collective against Rape). In 2021, the groups issued a joint statement denouncing the view that marriage entailed a sexual obligation, emphasizing that no law mandates spouses to engage in sexual activity. They criticized French judges for imposing outdated views on marriage and for indirectly supporting an environment that could justify marital rape—a crime under French law.
These organizations also stressed the importance of not allowing a “marital duty” narrative to persist, arguing that such views could be used to intimidate victims of sexual abuse within marriages. They reiterated that marriage should never be a form of sexual servitude.
The ECHR’s ruling marks a significant win for women’s rights, asserting the fundamental principle that consent is the cornerstone of all sexual relationships, including within marriage.
Image Credits - Unspalsh