In brief
In a significant stride for women's rights, the European Court of Human Rights has overturned a French court's ruling that a woman was at fault in her divorce for refusing sexual relations with her husband. The Strasbourg-based court deemed that such a marital obligation violates a woman's right to autonomy over her own body and sexual freedom. This ruling directly stemmed from a case involving a couple who had been married for nearly thirty years. In 2019, the Versailles Court of Appeals placed the blame for their marital breakdown squarely on the woman, referred to as H.W. in court documents, for her withdrawal from intimate relations.
The decision condemned the earlier ruling, stating that it contravened H.W.'s private life and autonomy. The European court emphasized that the notion of a marital obligation for sexual activity is incompatible with the principles of consent and personal freedom. The court also highlighted the need for governments to actively combat domestic and sexual violence, reinforcing that marriage does not equate to unwarranted consent for future sexual relations.This ruling has been hailed as a groundbreaking victory for women's rights organizations, which have long criticized French marital laws for perpetuating outdated views on sexual obligations within marriage. Advocates assert that this decision is a crucial step forward in addressing sexual abuse and ensuring that women are not held accountable for choices related to their intimacy.
