European Court Overturns French Ruling Blaming Woman For Divorce Over Refusal Of Marital Intimacy
A French woman, previously held responsible for her divorce due to her refusal to have sex with her husband, has won her appeal at the European Court of Human Rights (ECHR). The landmark ruling, announced on Thursday, January 23, has been hailed as a significant step forward for women’s rights in France.
The woman, identified as Ms. H.W., was born in 1955 and married her husband in 1984. They had four children together, including one with severe disabilities, which added significant strain to their relationship. In 2011, French courts blamed H.W. for the couple’s divorce, citing her cessation of sexual relations in 2004. She argued that health issues and threats of violence from her husband were the primary reasons for her decision, and she contested the judgment as an invasion of her privacy and bodily autonomy.
After exhausting legal options in France, H.W. turned to the ECHR in 2021. The court ruled in her favor, declaring that the French judgment violated her right to respect for private and family life. The ECHR emphasized that no justification existed for the interference of public authorities in matters of sexuality.
The case has drawn comparisons to other high-profile discussions of women’s rights in France, including the shocking case of Gisele Pelicot, whose husband was convicted of orchestrating her repeated sexual assault.
In a statement, H.W. expressed hope that the decision would catalyze change. “This ruling must mark a turning point for women’s rights in France,” she said. “It’s time to eradicate rape culture and foster a culture of consent and mutual respect.”
Her lawyer, Lilia Mhissen, emphasized the broader implications of the case, noting that while it does not affect the finalization of H.W.’s divorce, it prevents future rulings that impose outdated marital obligations.
“This decision abolishes the marital duty in French law,” Mhissen said. “It dismantles an archaic view of marriage rooted in canon law and affirms that women cannot be compelled to engage in sexual relations within marriage.”
The French government has not commented on the ruling, but Emmanuelle Piet, head of the Feminist Collective Against Rape, applauded the decision. “Ms. H.W. fought for 15 years and emerged victorious,” Piet said. “Forced sexual relations within marriage are rape, and this ruling acknowledges that.”
The case is expected to influence French legal interpretations, shifting towards a stronger recognition of personal autonomy and consent.
