French divorcee wins appeal over refusal to have sex with husband.
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The European Court of Human Rights building, on which two separate circular towers have been built
A French woman who stopped having sex with her husband has won a ruling from Europe's highest human rights court, which said she should not be held responsible for her divorce.
The European Court of Human Rights (ECHR) ruled in the 69-year-old woman's favour on Thursday, saying courts should not consider refusal to have sex as grounds for misconduct in a divorce.
The unanimous ruling found that France had violated her right to respect for private and family life under European human rights law - ending a legal dispute that has lasted almost a decade.
The French woman, identified as Ms H.W, hailed the decision as a step forward in ending "rape culture" and promoting consent in marriage.
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The case has sparked debate about attitudes towards consent in marriage and women's rights in France. Lilia Mhissen, H.W.'s lawyer, said the ruling dismantled the outdated concept of "conjugal duty" and called on French courts to align it with modern understandings of consent and equality.
Women's rights groups supporting H.W. said French judges continue to impose an "archaic vision of marriage" that perpetuates harmful stereotypes.
H.W., who lives in Le Chesnay near Paris, married her husband, J.C., in 1984. They had four children, including a disabled daughter who required constant care, a responsibility that H.W. had to shoulder.
Their marital relationship deteriorated after the birth of their first child, and in 1992, H.W. In 2002, her husband began to physically and verbally abuse her. Two years later, she ended sexual relations with him and filed for divorce in 2012.
The wife does not oppose the divorce, which she had also requested, but she objects to the grounds on which it was granted.
In 2019, an appeals court in Versailles rejected her appeals and ruled in favor of her husband. The Court of Cassation, France's highest court, rejected her appeal without explanation. She then referred her case to the ECHR in 2021.
The ECHR ruled that governments should only intervene in matters such as sexuality for very serious reasons. It said the notion of "conjugal duties" in French law ignored the importance of consent in sexual relations.
The court stressed that consenting to marry does not mean consenting to have sexual relations in the future. To suggest otherwise, the ruling said, would be to deny that marital rape is a serious crime. The decision comes amid growing scrutiny of consent in France following the high-profile trial of Dominique Pélicot, who drugged his wife and invited men to rape her. Pélicot and the 50 men involved were convicted last month, and the case has raised concerns about how French law treats consent.
Feminist groups say the ECHR ruling reinforces the need to update French laws and cultural attitudes.
A recent report by French parliamentarians recommended including the concept of non-consent in the legal definition of rape, arguing that consent must be freely given and can be withdrawn at any time.