The European Court of Human Rights (TEDH) has recently ruled that considering sex as part of “marital duties” is a violation of sexual freedom and the right to autonomy, reports. The decision followed a case taken to Tedh by a French woman, known as HW, who was held responsible for the divorce of her marriage of almost 30 years for refusing to have sex with her husband.
The case dates back to 2019, when a French court considered that the woman had severely violated her marital duties by refusing intimate relationships. HW justified the refusal with health problems resulting from a disc herniated and a serious accident. However, the Versailles Court ruled that the responsibility for divorce was exclusively yours. Dissatisfied with the decision, HW appealed to the TEDH, which reversed the verdict.
TEDH judges stated that “consent to marriage does not imply consent to future sex” and considered that the decision of the French court violated HW’s right to private life. The court also stressed that treating sex as a marital obligation is incompatible with the principles of sexual freedom and control of one’s own body.
This case was widely praised by women’s rights movements, who see a milestone in the decision to combat sexual violence and control in intimate relationships. Organizations such as Fondation des Femmes have asked the French government to review judicial practices related to the concept of marital duty, considering it a form of sexual violence.
In response to TEDH’s decision, the Minister of Justice of France stated that the country is reflecting on the adaptation of the legal framework in this area. The sentence was also a catalyst for public debate on consent and sexual violence in intimate relationships.
This case does not arise isolated. Recently, other shocking situations of sexual violence in France gained media attention, underlining the importance of legislative and cultural reinforcement to protect women’s rights and combat abuse.
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