Europe’s top human rights court on Thursday ruled in favor of a 69-year-old French woman whose husband had divorced her on the grounds that he had stopped having sex with her.
The European Court of Human Rights (ECHR) condemned France, saying that a woman who refuses to have sex with her husband should not be considered “guilty” by the courts in the event of a divorce.
The Strasbourg-based court said France had violated Article 8 of the European Convention on Human Rights, relating to the right to respect for private and family life.
It states that any concept of marital duties must take into account “consent” as the basis of sexual relations.
The mother of four, who wished to remain anonymous, praised the decision.
“I hope this decision will mark a turning point in the fight for women’s rights in France,” she said in a statement.
“This victory is for all women who, like me, face unusual and unjust court decisions that call into question their physical integrity and right to privacy.”
The decision comes as French society debates the concept of consent.
Women’s rights advocates have said the concept of “consent” should be added to French law defining rape.
The court said that the woman had not complained about the divorce, which she had also sought, but had complained about the grounds on which the divorce was granted.
‘Sexual violence’
The court identified her only as HW and said she lived in Le Chesne, in the western suburbs of Paris.
“The Court concludes that the very existence of such marital obligation is contrary to the right to sexual freedom, (and) bodily autonomy,” a court statement said.
“Any non-consensual act of a sexual nature is a form of sexual violence,” the statement said.
The Strasbourg-based court said French courts had “not struck a proper balance between the competing interests at stake.”
The court observed, “The applicant’s husband could have filed a petition for divorce citing irretrievable breakdown of the marriage as the main ground and not, as he did, as an alternative ground.”
The woman and Jesse married in 1984 and had four children, including a disabled daughter who required constant parental presence, a role played by her mother.
Relations between husband and wife deteriorated when their first child was born. The woman began experiencing health problems in 1992.
The court said that in 2002 her husband started abusing her physically and verbally.
In 2004, he stopped having sexual relations with her and filed for divorce in 2012.
In 2019, an appeals court in Versailles rejected the woman’s complaints and sided with her husband, while the Court of Cassation rejected an appeal without giving specific reasons.
They turned to the ECHR in 2021, which acts as the court of last instance where all domestic legal avenues are exhausted.
‘Sexual slavery’
“It was impossible for me to accept it and leave it at that,” the woman said.
He said, “The appeals court’s decision to condemn me was and is unfit for a civilized society because it deprived me of the right not to consent to sexual intercourse, thereby depriving me of the freedom to make decisions about my body.” It has been done.”
“It strengthened the right of my husband and all spouses to impose their will.”
Her case is supported by two rights groups, the Fondation des Dames (Women’s Foundation) and the Collectif Féministe Contre le Viol (Feminist Collective Against Rape).
In a joint statement in 2021, women’s rights groups said: “Marriage is not and should not be sexual slavery.”
While French criminal justice abolished marital duty in 1990, “civil judges continue to enforce it through an archaic vision of marriage,” he said.
“From now on, marriage is no longer sexual slavery,” said Delphine Zugheby, a member of the women’s defense team.
“This decision is even more fundamental because almost one in two rapes is committed by a spouse or partner.”
The ECHR is part of the 46-member Council of Europe pan-European rights body. It implements the European Convention on Human Rights and its decisions are legally binding and not advisory.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
