‘Marriage is no longer sexual servitude’: European court condemns France over ‘marital duty’

Anaelle JONAH

26 January 2025 at 6:05 am·1-min read

A picture taken on November 5, 2012 shows a Civil code, next to a bust of Marianne, symbol of the French Republic, at the City Hall of Lille, northern France.

The European Court of Human Rights ruled on Thursday that French courts had violated a woman’s rights by citing her refusal to have sex as grounds for divorce. The landmark case condemned outdated notions of marital duties, sparking debates on consent in France.

The European Court of Human Rights (ECHR) ruled on Thursday in favour of a 69-year-old Frenchwoman, identified as H.W., whose husband had obtained a divorce by citing her refusal to have sex as marital misconduct.

The Strasbourg-based court found that France had violated H.W.'s right to respect for private and family life under Article 8 of the European Convention on Human Rights. It condemned the notion of marital duties based on obligation, emphasising that such interpretations undermine bodily autonomy.

“This victory is for all women who, like me, have faced unjust judicial decisions that undermine their bodily integrity and right to privacy,” H.W. said in a statement after the ruling.

Contradictions in French Law

H.W. filed her case with the ECHR in 2021 after exhausting all legal avenues in France. She first petitioned for divorce in 2012, citing years of verbal and physical abuse and her ex-husband's prioritisation of work over their family life.

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Contradictions in French Law

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