European Court Rules Against France in Landmark Divorce Case Over Marital Consent

The court found that labeling a woman 'at fault' for refusing sex violated her rights to privacy and bodily autonomy.

The European Court of Human Rights (ECHR) ruled unanimously that France violated a woman's right to privacy and bodily autonomy by blaming her for the breakdown of her marriage due to her refusal to engage in sexual relations.
The case involved a 69-year-old French woman, identified as H.W., who stopped having sex with her husband in 2004 due to health issues and alleged abuse, leading to a divorce in 2019 where she was deemed solely at fault.
The ECHR emphasized that consent must be the foundation of sexual relations and rejected the notion of a marital obligation to engage in sex, likening it to a denial of sexual freedom and autonomy.
The ruling has no impact on the finalized divorce but is expected to influence French legal practices, preventing similar fault-based rulings in future divorce cases.
Women's rights advocates hailed the decision as a significant step toward combating outdated views on marital duties and promoting a culture of consent in France's legal system.