European Court of Human Rights (ECHR) has ruled in favor of a French woman who was blamed for her divorce because she stopped having sex with her husband, declaring that the French courts violated her right to privacy and family life.
The woman, identified as Ms. H.W., was married in 1984 and had four children with her husband. She stopped engaging in marital relations in 2004, citing health problems and threats of violence from her spouse.
However, when she filed for divorce, the French courts ruled that she was at fault for the marriage’s breakdown, a decision she contested for nearly 15 years.
After exhausting legal avenues in France, H.W. took her case to the ECHR in 2021, arguing that the ruling intruded unjustly on her private life and physical integrity.
On Thursday, January 23, the ECHR sided with her, stating that the decision by the French courts was unjustified interference by public authorities in the realm of sexuality.
“In the present case, the Court could not identify any reason capable of justifying this interference by the public authorities in the area of sexuality,” the ruling stated.
The decision is seen as a landmark victory for women’s rights, effectively abolishing the concept of “marital duty” in French divorce cases. H.W.’s lawyer, Lilia Mhissen, said the ruling will have a lasting impact on French law, ensuring that courts no longer impose outdated expectations on women regarding sexual relations in marriage.
“This decision marks the abolition of the marital duty and the archaic, canonical vision of the family,” Mhissen stated.
In a statement following the ruling, H.W. expressed relief, calling it a step forward in the fight for women’s rights.
She urged France to take stronger measures to protect women from coercion in marriage and promote a culture of consent and mutual respect.
The ruling comes amid wider debates on women’s rights in France, including the high-profile case of Gisele Pelicot, whose husband was convicted of drugging and assaulting her while inviting other men to participate.
Advocates say these cases highlight the need for stronger legal protections against gender-based violence and coercion in intimate relationships.
While the ECHR ruling does not reverse H.W.’s divorce, it sets a significant precedent, preventing similar rulings from being made in the future.