The European Court of Human Rights (ECHR) has delivered a landmark judgement stating that a woman’s refusal to have sexual relations with her husband should not be considered “at fault” in divorce proceedings.
The ruling, issued on 23 January 2025, condemned French courts for granting a divorce based on such grounds, declaring it a violation of the right to respect for private and family life under the European Convention on Human Rights.
The Case and Background
The case involved a 69-year-old French woman, identified only as HW, who lived in Le Chesnay, a suburb of Paris. Married in 1984, HW and her husband had four children, including a disabled daughter who required constant care. The marriage had been deteriorating for decades, with health problems affecting HW since 1992 and her husband reportedly beginning verbal and physical abuse in 2002. HW ceased sexual relations with her husband in 2004 and petitioned for divorce in 2012.
In 2019, a French appeals court ruled in favour of her husband, JC, citing HW’s refusal to engage in sexual relations as evidence that she was solely at fault for the marriage’s breakdown. The court of cassation rejected her appeal without explanation, prompting HW to take the case to the ECHR in 2021.
ECHR Ruling and Key Principles
The ECHR unanimously ruled in HW’s favour, stating that the French courts had failed to strike a fair balance between the competing interests involved. The judgement emphasised that marital duties must be grounded in mutual consent and that any notion of an obligation to have sexual relations contravenes principles of bodily autonomy and sexual freedom.
“The court concluded that the very existence of such a marital obligation ran counter to sexual freedom, [and] the right to bodily autonomy,” a statement from the court read. It also criticised French judges for not considering irretrievable breakdown as the primary ground for divorce, instead relying on archaic notions of fault.
Reactions and Broader Implications
The case has been hailed as a significant victory by women’s rights groups in France, including the Fondation des Femmes (Women’s Foundation) and Collectif Féministe contre le Viol (Feminist Collective Against Rape). Both organisations supported HW’s case, issuing statements in 2021 arguing that marriage must not be equated with sexual servitude.
“French judges continue to impose an archaic vision of marriage, even though there is no longer an obligation of ‘marital duty’ under French law,” the groups stated.
They also emphasised that perpetuating the idea of a marital duty could legitimise sexual violence within relationships, particularly given that marital rape is a criminal offence in France.
The ECHR ruling has drawn widespread attention to the treatment of marital obligations in divorce law. Legal experts suggest it could prompt reforms in how fault is assessed in divorce cases across Europe, ensuring that principles of consent and autonomy take precedence.
Context of the Ruling
The court’s judgement reflects broader societal shifts in recognising individual autonomy within marriage. France abolished the concept of marital duty decades ago, but cultural and judicial interpretations have lagged. By ruling against France, the ECHR has reinforced the principle that sexual relations within marriage must be voluntary and based on mutual agreement.
This case has also highlighted systemic issues in family law, particularly in cases where power imbalances exist within the marital relationship. Women’s rights activists argue that decisions like the one made by the French appeals court not only undermine gender equality but also perpetuate harmful stereotypes about women’s roles within marriage.
Legal and Cultural Implications
The judgement is expected to influence future legal interpretations of marital obligations across Europe. In particular, it may prompt national courts to reassess the grounds for divorce, ensuring that they are aligned with contemporary understandings of autonomy and consent.
The ruling also sends a clear message to member states of the Council of Europe about the importance of protecting individuals from undue obligations in personal relationships. It underscores the need for laws and judicial practices to reflect evolving social norms, particularly regarding gender equality and the prevention of sexual violence.
