This landmark decision arose from the case of a 69-year-old French woman,HW, whose husband was granted a divorce after she ceased sexual activity withhim for years.
It rejected the French government's stance that consent to marriageautomatically implies consent to future sexual relations. The rulingunderscores the importance of bodily autonomy and privacy under Article 8 ofthe European Convention on Human Rights, which protects an individual's rightto a private and family life.
HW’s lawyer, Lilia Mhissen, expressed hope the ruling would be a turningpoint in the fight for women’s rights, affirming that women should have controlover their bodies and relationships. She said, "I hope this decision willmark a turning point in the fight for women’s rights in France."
In a joint statement, they stated, "Marriage is not and must not besexual servitude." They also emphasized that French judges should notimpose on women, directly or indirectly, an obligation to have sexualrelations, as marital rape is a crime in France.
The ruling is expected to influence future legal proceedings regardingmarital duties and consent, signaling a shift toward greater recognition ofindividual autonomy within relationships.
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