Shafaq News/ The European Court of Human Rights ruled Thursday that a womanwho refuses to have sexual relations with her husband should not be considered"at fault" in divorce proceedings.
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.
The court emphasized that any sexual act must be consensual, and marriagedoes not implicitly require sexual relations.
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.
In its judgment, the court reminded that "any non-consensual sexual actconstitutes a form of sexual violence." It added, "The court cannotaccept, as suggested by the government, that consent to marriage implicitlymeans consent to future sexual relations."
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."
Women’s rights groups, including the Foundation des Femmes, supported thedecision, highlighting that marriage should not equate to sexual servitude.
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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