ECHR Ruling: Consent Must Be Respected in Marriage, Condemns France's Stance on Marital Duty

January 23, 2025
ECHR Ruling: Consent Must Be Respected in Marriage, Condemns France's Stance on Marital Duty
  • H.W. argued that her refusal to engage in sexual relations was justified by her husband's verbal and physical abuse, which she had previously documented in a police report in 2014.

  • The case has drawn attention to broader issues of marital abuse and rape culture in France, particularly in light of high-profile cases that have sparked renewed discussions about women's rights.

  • In a significant ruling, a French court determined that a woman cannot be held responsible for a divorce simply because she refused to have sex with her husband, as this violates human rights.

  • She cited health issues and threats of violence from her husband as reasons for her lack of intimacy since 2004, emphasizing the unjust nature of the court's ruling against her.

  • Despite the initial ruling in July 2018 by the family court in Versailles acknowledging the wife's health issues, this was overturned in 2019 by the Versailles Court of Appeal, which declared her refusal a fault.

  • This case raises critical questions about the treatment of sexual relations within marriage and the legal recognition of consent, especially in the context of domestic violence.

  • Although the ECHR ruling does not change the outcome of H.W.'s divorce, it is expected to prevent similar judicial decisions in the future, effectively abolishing the notion of marital duty in French law.

  • H.W.'s case received support from women's rights organizations, which argued that the French court's decision was a breach of human rights legislation and emphasized that marriage should not equate to sexual servitude.

  • H.W. and her husband, JC, married in 1984 and had four children, including a daughter with disabilities, which placed significant strain on their relationship over the years.

  • The couple's marital problems began after the birth of their first child in 1992, and H.W. faced health issues starting in 1992, further complicating their relationship.

  • After enduring what she described as violent and abusive circumstances, H.W. filed for divorce in 2012.

  • This ruling comes amid ongoing debates about women's rights in France, highlighting the need for legal reforms to protect women's autonomy and dignity.

Summary based on 15 sources


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