In a landmark ruling, a French woman who was held responsible for her divorce because she stopped having sex with her husband has won her appeal at the European Court of Human Rights (ECHR). The decision has reignited discussions about women’s rights in France, particularly around the concept of marital obligations.
The woman, identified as Ms. H.W., took her case to the ECHR in 2021 after exhausting all legal options in France. The court ruled that French authorities had violated her right to privacy and family life, stating there was no justification for such interference in matters of personal intimacy.
Ms. H.W., now in her late 60s, married her husband in 1984 and had four children with him. She cited health issues and threats of violence as reasons for ending physical relations with her husband in 2004. The stress of raising a child with disabilities further strained their marriage.
Her legal victory has been celebrated by women’s rights groups across France. “This decision marks the abolition of the marital duty and the archaic, canonical vision of the family,” said her lawyer, Lilia Mhissen.
The ruling is expected to prevent French courts from making similar judgments in the future, ending the practice of blaming women for marital breakdowns due to lack of intimacy.
This case comes amid ongoing discussions in France about women’s rights and consent, following high-profile incidents that have shocked the nation. Ms. H.W. hopes her victory will inspire further progress. “It is now imperative that France, like other European countries, take concrete measures to eradicate this rape culture,” she said in a statement.
The French government has yet to comment on the ruling, but the decision is seen as a significant step forward in reshaping societal and legal attitudes toward women’s autonomy and dignity in marriage.