France Condemned by European Court Over 'Conjugal Duty' Divorce Ruling

The European Court of Human Rights ruled that refusing marital relations cannot be grounds for fault in divorce, marking a pivotal moment for women's rights in France.

The European Court of Human Rights (CEDH) condemned France for a 2019 divorce ruling that penalized a woman for refusing sexual relations with her husband.
The court ruled that the concept of 'conjugal duty' violates individual consent and freedom, emphasizing that non-consensual acts within marriage constitute sexual violence.
French courts had previously upheld the husband's case, citing the wife's refusal as a breach of marital obligations, despite her health issues and claims of mistreatment.
The decision highlights contradictions in French law, which criminalizes marital rape but allows ambiguous interpretations of marital obligations in civil cases.
Advocates hailed the ruling as a landmark step in affirming bodily autonomy and called for legislative reforms to eliminate outdated notions of marriage.

Courrier International