A recent ruling by the European Court of Human Rights has struck down a controversial French court decision that deemed a woman's refusal to engage in sexual relations as grounds for divorce fault.
French Court's Ruling on Marital Sex Duties Overturned by European Human Rights Body
French Court's Ruling on Marital Sex Duties Overturned by European Human Rights Body
European Court condemns French court's decision, affirming women's rights to bodily autonomy in marriage.
In a landmark decision, the European Court of Human Rights, based in Strasbourg, has delivered a significant blow to traditional marital laws after condemning a French court ruling that penalized a woman for not having sexual relations with her husband. The case revolves around a couple who had been married for nearly 30 years, during which time the wife attributed the deterioration of their marriage to her husband's demanding job. The 2019 ruling from the Versailles Court of Appeals unfairly placed the blame solely on the wife for the divorce, citing her refusal to engage in intimacy as a "serious and repeated violation" of her marital duties.
This controversial decision was challenged by the European Court, which asserted that it violated the woman's right to private life and autonomy, particularly in the context of her sexual life. The court emphasized that governments have a moral responsibility to combat domestic and sexual violence, ruling that the existence of any marital obligation to fulfill sexual relations contradicts the principles of sexual freedom and bodily control. They determined that marriage does not automatically imply consent to ongoing sexual activities.
The ruling has been hailed as a pivotal moment for women's rights, with advocates claiming it addresses crucial issues surrounding sexual violence and the dynamics of power in marital relationships. The woman in the case, referred to as H.W., has seen this decision as a victory for her personal autonomy, and support from women's rights organizations underscores the collective call for updating and reforming outdated marital laws.
This controversial decision was challenged by the European Court, which asserted that it violated the woman's right to private life and autonomy, particularly in the context of her sexual life. The court emphasized that governments have a moral responsibility to combat domestic and sexual violence, ruling that the existence of any marital obligation to fulfill sexual relations contradicts the principles of sexual freedom and bodily control. They determined that marriage does not automatically imply consent to ongoing sexual activities.
The ruling has been hailed as a pivotal moment for women's rights, with advocates claiming it addresses crucial issues surrounding sexual violence and the dynamics of power in marital relationships. The woman in the case, referred to as H.W., has seen this decision as a victory for her personal autonomy, and support from women's rights organizations underscores the collective call for updating and reforming outdated marital laws.
