The European Court of Human Rights (ECHR) Condemns France for Treating the Refusal of Sexual Relations as “Fault” in a Divorce. This case raises fundamental issues regarding respect for human rights and the legal framework of marriage.
A major condemnation for France
The ECHR ruled in favor of a French woman who had been penalized by French courts for refusing to have sexual relations with her husband. Her husband was granted a divorce, with the fault attributed solely to his wife, as her refusal of “intimate relations” was deemed a “fault.” The Versailles Court of Appeal made this ruling in 2019, despite a family court judge rejecting this interpretation in 2018.
The ECHR’s condemnation of France in this divorce case marks a key step in recognizing women’s rights. In its judgment, the ECHR firmly stated that “no non-consensual sexual act can be legitimized” and that “consent to marriage cannot be equated with perpetual consent to sexual relations.” The Court warned that such an approach risks trivializing marital rape, a problem that remains significantly underestimated. This decision represents a significant advancement for women’s rights, highlighting the urgent need to reform judicial practices that are still influenced by patriarchal conceptions.
The ruling comes in a context where domestic violence remains a major issue. In France, despite ongoing efforts to protect victims, the statistics remain alarming.
Legal and Societal Implications?
The condemnation of France raises important questions about the necessary evolution of marital law. The idea that marriage implies “conjugal obligations,” including sexual relations, is being called into question. On September 5, 1990, the French Court of Cassation abolished the notion of the “conjugal duty.” However, judges have continued to impose it due to outdated and archaic views of marriage.
This decision could pave the way for a revision of the French Civil Code articles related to marriage and divorce. Revisiting the legal text could better respect individuals’ fundamental rights, particularly the rights to privacy and personal integrity. While this ruling demands an immediate legal reflection, it also paves the way for deeper transformation of social and cultural norms.
A Victory for Women’s Rights in Europe
This case represents an important victory for women’s rights in Europe and sends a strong signal in the fight against sexual and domestic violence. The lawyer for the claimant, Lilia Mhissen, expressed hope that this decision will serve as a “turning point in the struggle for women’s rights in France.” She emphasized that the ruling also serves as a call to remain vigilant against cultural and legal norms that perpetuate inequality.
This victory has a dual effect: it reinforces women’s individual freedoms while challenging societal perceptions of women’s roles as wives. It is imperative to question society’s view of marriage. Public awareness campaigns are necessary to educate the general population about consent and individual rights within a couple.