Historic Ruling in Favor of Women's Rights: ECHR Condemns France's Marital Obligations
On January 23, the European Court of Human Rights (ECHR) delivered a landmark ruling in favor of a 69-year-old French woman who found herself on the losing side of a divorce due to her cessation of sexual relations with her husband. The court condemned France's view that a woman refusing to engage in sexual activity should bear culpability in divorce proceedings, marking a significant advancement in women's rights under European law.
Justice Minister Gérald Darmanin acknowledged the ruling's implications, stating that French legislation must be revised to reflect the court's findings. The ECHR stated that France violated Article 8 of the European Convention on Human Rights, which deals with the right to respect for private and family life. The court emphasized that marital duties must inherently encompass the concept of consent as a prerequisite for sexual relations.
The mother of four, who chose to remain anonymous, expressed her hopes that the ruling would signify a turning point in France’s ongoing battle for women’s rights. "This victory is for all the women who, like me, face irrational and unjust court decisions that question their bodily integrity and privacy rights,” she declared.
Justice Minister Darmanin affirmed the need for legislative change, as the ruling spotlights the broader societal discussion surrounding consent in France—especially pertinent in the aftermath of high-profile sexual violence cases, including that of Gisèle Pelicot. Pelicot had previously fought for the recognition of rapes committed by her husband, Dominique Pelicot, who was sentenced to 20 years for recruiting individuals to sexually assault her while she was incapacitated. Gabrielle Bravo of the Fondation des femmes emphasized the importance of the court’s decision, underscoring that a husband cannot impose sexual acts upon his wife.
While the woman in this case did not contest the divorce itself, she took issue with the grounds for it being granted. The ECHR determined that French courts failed to balance the conflicting interests at hand, and that her husband's request for divorce could have been rooted in the irretrievable breakdown of their marriage rather than in her lack of sexual relations.
Annually, nearly half of all rapes are committed by a spouse or partner—a statistic that highlights the urgency of the ruling. Delphine Zoughebi, part of the woman’s defense team, asserted that this decision will bind French judges in future cases, forbidding the notion that cohabitation necessitates sexual relations.
In a statement, the court reinforced that any sexual act without consent constitutes sexual violence, underlining that the mere existence of a marital obligation contradicts the rights to sexual freedom and bodily autonomy.
The couple, married since 1984 and parents to four children, faced deteriorating relations beginning with the birth of their first child. Health issues and severe abuse from her husband exacerbated the situation, leading the woman to stop having sexual relations in 2004 and ultimately file for divorce in 2012. After successive dismissals of her complaints by French courts, she sought justice from the ECHR in 2021, determined to challenge the earlier rulings.
The court's unanimous decision—rendered by seven judges—reflects not just legal principles but the societal need for recognizing women's autonomy and the necessity of consent in relationships. As France grapples with these issues, the ECHR’s ruling serves as a pivotal moment in the ongoing dialogue about women's rights and protections against violence.
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