European Court Ruling: No Fault for Women Refusing Sexual Relations in Divorce
In a landmark decision, the European Court of Human Rights (ECHR) has ruled that a woman should not be deemed at fault for refusing to engage in sexual relations with her husband in the context of divorce proceedings. This ruling came in response to a case in France, where a 69-year-old woman, referred to as HW, had her former husband obtain a divorce on the stipulation that she was solely responsible for the breakdown of their marriage due to her cessation of sexual relations.
The ECHR ruled unanimously, asserting that this classification violated the woman's right to respect for private and family life under the European Convention on Human Rights. The court underscored that the concept of marital duties must be framed around consent, emphasizing that any imposed obligation lacked respect for individual autonomy and sexual freedom.
HW, who resides in Le Chesnay, a suburb of Paris, did not contest the divorce itself but disputed the grounds on which it was granted. In its conclusive statement, the ECHR highlighted that a more appropriate basis for divorce could have been the irretrievable breakdown of the marriage, rather than the unsubstantiated blame placed on HW.
The couple married in 1984 and had four children, one of whom required additional parental care due to a disability. The couple's relationship began to deteriorate following the birth of their first child, with the woman's health issues arising in the early '90s, and allegations of physical and verbal abuse surfacing from 2002 onwards. The situation became untenable, leading to HW's decision to stop sexual relations in 2004, followed by her divorce petition in 2012.
Despite her challenges, the French appeals court upheld the husband's position in 2019, overlooking HW's concerns and denying her further appeals without specific reasoning. This led her to escalate the matter to the ECHR in 2021.
Support for HW has come from advocacy groups, including Fondation des Femmes (Women's Foundation) and Collectif Féministe Contre le Viol (Feminist Collective Against Rape). In a joint statement, these organizations highlighted that marriage should not equate to sexual servitude and condemned the lingering archaic interpretations of marital duties that some French judges seem to uphold.
The ruling is significant in modernizing the understanding of marital obligations in France, rejecting any vestiges of the misconception that spouses are obligated to maintain sexual relations irrespective of consent. Women's rights advocates have hailed the decision as a crucial step in safeguarding the rights and agency of women within marriage, reiterating that marital rape is a punishable offense under French law and any legal interpretations suggesting otherwise could expose women to further risks.
The ECHR's ruling is not just a victory for HW but also represents a broader affirmation of individual rights and personal autonomy within the confines of legal marital relationships, reinforcing that individual consent must underpin all aspects of marital duties.
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