French woman who refused sex with husband not to blame for divorce, rights court says
The European Court of Human Rights, located in Strasbourg, eastern France, said the French woman should not be at blame for her divorce because she refused sexual relations with her husband.
Frederick Florin/AFP via Getty Images
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Frederick Florin/AFP via Getty Images
The European Court of Human Rights has sided with a French woman who French courts had ruled to be at fault in her divorce because she refused to have sex with her husband. The top court said the woman’s human rights had been violated.
Three things to know
- The defendant, identified as H.W., filed for divorce in 2012 after more than 25 years of marriage, citing her husband at fault. She said he had become violent, bad-tempered and had prioritized his work over family life. Her husband argued that for several years she had failed to fulfill her marital duties by withholding sex and made slanderous accusations. French courts found that H.W. was at fault; the country’s top appeals court rejected her final appeal.
- The ECHR found that placing the blame entirely on H.W.’s lack of sexual intimacy with her husband violated her right “to respect of her private and family rights.” The court found that the mere existence of an obligation for “marital duties” ran counter to sexual freedom and the right to bodily autonomy.
- This comes at a particularly salient time for women’s rights in France, as the high-profile case of Gisele Pelicot’s mass rape by her husband and several dozen men he recruited shocked the world and drew attention to the treatment of women in French society.
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What does this mean for women’s rights in France?
In an unprecedented move, Pelicot chose to make her case public, which forced France to confront its patriarchal culture and sparked deep soul-searching about rape, consent and women’s rights to bodily autonomy.
The ECHR ruling will fuel that conversation.
Lilia Mhissen, H.W’s lawyer, released a statement celebrating their victory, with the hope that it will inspire more change.
“I hope this decision will mark a turning point in the fight for women’s rights in France,” she said, as reported by Reuters. “It is now imperative that France, like other European countries, such as Portugal or Spain, take concrete measures to eradicate this rape culture and promote a true culture of consent and mutual respect.”
