Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
A French woman who stopped having sex with her husband has won a decision by Europe’s highest human rights court, which says she should not be prosecuted for their divorce.
On Thursday, the European Court of Human Rights agreed with the 69-year-old man, saying that the courts should not consider refusal to have sex as a reason for divorce.
The unanimous decision found that France violated its right to respect for private and family life under European human rights law – ending a legal dispute that has raged for nearly a decade.
The French woman, known only as Ms HW, celebrated the ruling as a step forward in ending the “rape culture” and promoting consent within the family.
The case has sparked a debate over the notion of marriage licenses and women’s rights in France. Lilia Mhissen, HW’s lawyer, said that the decision ended the old concept of “marriage duty” and called on the French courts to adapt to modern ideas on consent and equality.
Women’s rights groups that support HW said French judges continue to impose an “antiquated vision of marriage,” which promotes negative attitudes.
HW, who lives in Le Chesnay near Paris, married her husband, JC, in 1984. They had four children, including a disabled daughter who needed constant care, a responsibility that HW took on.
Their marriage broke down after their first child was born and by 1992, HW began to fall ill. In 2002, her husband started physically and verbally abusing her. After two years, she stopped having sex with him and filed for divorce in 2012.
The wife did not contest the divorce, which she also requested, but contested the grounds on which it was granted.
In 2019, the appeals court in Versailles rejected her appeal and ruled in favor of her husband. Then the Court of Cassation, which is the highest court in France, dismissed the appeal without explaining why. He then submitted his case to the ECHR in 2021.
The European Court of Human Rights has ruled that governments should intervene on the most dangerous grounds, such as sex. It argued that the concept of “marital duties” in French law ignored the importance of consent in sex.
The court emphasized that agreeing to marry does not mean agreeing to have sex in the future. The judgment said that it cannot do so, it can deny that domestic violence is a serious crime.
The decision comes amid renewed interest in France, following the infamous case of Dominique Pélicot, who drugged his wife and invited men to touch her. Pélicot and the 50 men involved were sentenced last month, and the case has raised concerns about France’s legal response to warrants.
Women’s rights groups say that the ECHR decision confirms the need to reform French law and culture.
A recent report by French parliamentarians has recommended including the concept of non-consent in the legal definition of rape, saying that consent must be given freely and can be withdrawn at any time.
