European Court Rules Against French Court's Fault-Based Divorce Over Marital Sex

The European Court of Human Rights found that requiring sexual relations as a marital duty violates bodily autonomy and consent rights.

A 69-year-old French woman, identified as H.W., won her appeal at the European Court of Human Rights after being held at fault for refusing to have sex with her husband during their marriage.
The court ruled that the concept of marital duties, as interpreted by French courts, violated the European Convention on Human Rights' protections for privacy and bodily autonomy.
The ECHR emphasized that consent to marriage does not equate to consent to future sexual relations, rejecting the notion of marital obligations that disregard sexual consent.
The ruling is expected to have significant legal implications in France, potentially influencing the interpretation of marital rights and consent in future cases.
Women's rights advocates hailed the decision as a landmark step toward eradicating outdated legal norms and promoting a culture of consent in France.