• 최종편집 2025-02-10(월)
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The European Court of Human Rights / Photo: EPA

 

In a landmark decision, the European Court of Human Rights (ECHR) ruled that a woman who refuses to have sex with her husband should not be considered "at fault" in divorce proceedings, marking a significant step in the recognition of sexual autonomy and freedom in marriage.

 

The case involved a 69-year-old French woman, referred to by her initials, HW, who had sought a divorce from her husband after years of verbal and physical abuse. Her husband filed for divorce in 2012, citing her refusal to engage in sexual relations as the primary cause. 

 

However, the court ruled in her favor, declaring that the national courts in France had violated her right to respect for her private and family life under the European Convention on Human Rights.

 

The ECHR emphasized that consent is the fundamental principle behind sexual relations and that any marital obligations must respect a person’s right to bodily autonomy. The court found that France's legal system had failed to strike a fair balance between the interests of both parties, and that the husband should have cited "irretrievable breakdown of the marriage" rather than imposing the notion of sexual obligation.

 

The woman, who had stopped engaging in sexual activity with her husband in 2004 after enduring both emotional and physical abuse, was further supported by two prominent women’s rights groups in France: Fondation des Femmes and the Feminist Collectif féministe contre le viol. These groups denounced the "archaic vision of marriage" that was still being enforced by French courts, where a spouse’s refusal to engage in sex was considered a marital violation.

 

The court’s decision draws attention to the need for modern, progressive views in marital relationships, particularly concerning sexual consent. This ruling is seen as a critical stance against the concept of "marital obligation," which can often be misused to justify sexual violence and coercion within relationships. The decision sends a strong message against marital rape, reinforcing the idea that sexual autonomy must be respected in all relationships.

 

In the context of the case, it was also highlighted that France no longer legally requires spouses to have sexual relations, marking a significant shift in societal views on marriage and sexual freedom. The ECHR's ruling is expected to set a precedent for future cases and is seen as a victory for the rights of women in abusive relationships.Looks like the French courts just got schooled by the European Court on the importance of consent — maybe it's time to update those old "marital obligations," huh?

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European Court of Human Rights Rules Against Marital "Sexual Obligation" in Divorce Case
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