French Woman Wins Landmark ECHR Case on Marital Consent
A 69-year-old French woman has won a landmark case at the European Court of Human Rights (ECHR) after her husband was granted a divorce on the grounds that she had stopped having sex with him. The Strasbourg-based court ruled that marital duties must be based on consent, and France violated Article 8 of the European Convention on Human Rights, which ensures the right to private and family life.
Identified only as HW, the woman welcomed the ruling, calling it a victory for women’s rights. “This decision is a turning point in the fight for women’s rights in France,” she stated. HW argued that prior French court rulings effectively undermined her right to bodily autonomy and consent, reinforcing outdated notions of marital obligations.
The ECHR’s judgment emphasized that “the existence of such a marital obligation ran counter to sexual freedom” and labeled any non-consensual sexual act as a form of violence. The court criticized the grounds for the divorce, suggesting her husband could have petitioned based on the irretrievable breakdown of the marriage instead of citing her refusal to engage in sex.
The woman, who endured years of abuse and health problems during the marriage, stopped having sexual relations with her husband in 2004 and filed for divorce in 2012. Despite this, a 2019 appeals court ruling and subsequent dismissal by France’s Court of Cassation upheld her husband’s claims, prompting her to seek justice at the ECHR in 2021.
Women’s rights groups, including Fondation des Femmes and Collectif Féministe Contre le Viol, supported HW’s case, highlighting that “marriage must not be sexual servitude.” Delphine Zoughebi, part of HW’s defense, underscored the significance of the ruling, noting that nearly one in two rapes in France occurs within a marriage or partnership.
The decision is expected to fuel debates about consent and gender equality in France, further challenging archaic notions of marriage and marital obligations.