In brief
A French court's decision blaming a woman for divorce due to her refusal of sex was overturned by the European Court of Human Rights, asserting her right to autonomy and sexual freedom.
In a significant ruling, the European Court of Human Rights has condemned a previous French court decision that blamed a woman for her divorce due to her refusal to engage in sexual relations with her husband. The case involved a couple who had been married for around 30 years, with the woman citing her husband's demanding work schedule as the main source of marital strain.In a 2019 verdict, the Versailles Court of Appeals had found the woman, referred to as H.W., solely at fault for the marriage's collapse, arguing her withdrawal from "intimate relations" constituted a serious neglect of her marital duties. This judgment raised concerns over women's autonomy within marriage, prompting activists to call for reform of outdated marital laws in France.On Thursday, Europe's highest human rights court ruled that the earlier decision violated H.W.'s right to private life, emphasizing that marital obligations cannot override a person's autonomy and sexual freedom. The court highlighted that consent to marriage should not be viewed as consent to future sexual obligations. This landmark ruling is seen as a crucial victory for women's rights advocates, marking a step forward in tackling domestic violence and the broader issue of sexual autonomy in relationships.
