The European Court of Human Rights (ECHR) has delivered a groundbreaking ruling that could serve as a milestone for women’s rights and the concept of marital consent. The court ruled in favor of a 69-year-old French woman, stating that a wife cannot be held responsible for divorce if she refuses to engage in sexual relations with her husband. The decision brings an end to a decade-long legal battle and sets a significant precedent for marital rights.
In its ruling on Thursday, the ECHR clarified that courts should not consider the refusal of sexual relations as grounds for divorce. The court found that France had violated the woman’s right to respect for private and family life under the European Convention on Human Rights. The woman, identified as “H.W.,” hailed the decision as a crucial step toward ending “rape culture” and promoting mutual consent within marriage. She described the ruling as a major victory for women’s rights.
The woman’s lawyer, Lelia Maison, emphasized that the judgment dismantles the outdated notion of “marital duty.” She argued that French courts must now adopt modern perspectives on consent and equality in relationships. Women’s rights groups have also praised the decision, calling it a significant move toward changing archaic judicial attitudes in France.
The woman, who lives near Paris, married her husband in 1984. The couple had four children, including a daughter with disabilities. According to the woman, her relationship with her husband deteriorated after the birth of their children, and she faced ongoing health issues. In 2002, her husband began subjecting her to physical and verbal abuse, prompting her to cease sexual relations with him in 2004. The couple eventually filed for divorce in 2012.
While the woman did not oppose the divorce, she contested her husband’s justification for it—namely, the lack of sexual relations. In 2019, a French court dismissed her complaints and ruled in favor of her husband. The Court of Cassation, France’s highest court, later rejected her appeal. In 2021, she took her case to the ECHR, which has now ruled that governments should only intervene in matters of sexuality for very serious reasons. The court emphasized that consenting to marriage does not imply ongoing consent to sexual relations in the future.
The ruling comes at a time when France is increasingly focusing on issues of consent within marriage. The topic gained prominence following the high-profile trial of Dominique Plicot, who was accused of drugging his wife and facilitating her rape by multiple men. Feminist groups argue that the ECHR’s decision underscores the need to update French laws and cultural attitudes. A recent report by French parliamentarians recommended including the concept of non-consent in the legal definition of rape.
Marital rape, defined as non-consensual sexual relations between spouses, is recognized as a crime in over 50 countries worldwide. However, lawyer Nasser Ali noted that proving marital rape is often challenging due to the nuanced nature of such cases.
This landmark decision is not only a victory for women in France but also a significant step forward for women’s rights globally. It offers hope to advocates fighting for marital consent and against sexual violence, signaling a shift toward greater respect for individual autonomy within marriage.
