European Court Overrules French Court Ruling on Marital Duties in Divorce Case

In a significant ruling, the European Court of Human Rights overturned a French court's decision that blamed a woman for her divorce due to the lack of sexual relations, affirming her rights to autonomy and private life. This decision is hailed as a critical step in addressing women's rights issues throughout Europe.

In a notable ruling delivered on January 24, 2025, the European Court of Human Rights challenged a controversial decision made by a French court, which held a woman accountable for her divorce due to her refusal to engage in sexual relations with her husband.

The case involved a long-term marriage that had lasted around thirty years, during which the woman, referred to in court documents as H.W., argued that her husband’s work commitments had adversely affected their relationship. However, in 2019, the Versailles Court of Appeals determined that her withdrawal from sexual intimacy was the primary reason for the marital breakdown. The court deemed her longstanding refusal to engage in intimate relations a "serious and repeated violation" of her marital duties.

Against this backdrop, the European Court of Human Rights condemned the French court's ruling, stating that it infringed upon the woman's rights to personal autonomy and private life. The court asserted that governmental entities have a responsibility to combat domestic and sexual violence, emphasizing that recognizing any form of mandatory sexual obligation within marriage contradicts both sexual freedom and a woman's right to govern her own body.

The ruling indicates that marital consent should not be interpreted as a blanket agreement for future sexual relations. Women’s rights advocates have called this judgement a crucial achievement in the ongoing struggle against sexual violence and other forms of relational abuse, emphasizing its potential to reshape perspectives on marital obligations in France and beyond.