The European Court of Human Rights (ECHR) ruled on Thursday in favour of a 69-year-old Frenchwoman, identified as H.W., whose husband had obtained a divorce by citing her refusal to have sex as marital misconduct.
The Strasbourg-based court found that France had violated H.W.’s right to respect for private and family life under Article 8 of the European Convention on Human Rights. It condemned the notion of marital duties based on obligation, emphasising that such interpretations undermine bodily autonomy.
“This victory is for all women who, like me, have faced unjust judicial decisions that undermine their bodily integrity and right to privacy,” H.W. said in a statement after the ruling.
Contradictions in French Law
H.W. filed her case with the ECHR in 2021 after exhausting all legal avenues in France. She first petitioned for divorce in 2012, citing years of verbal and physical abuse and her ex-husband’s prioritisation of work over their family life.
Her ex-husband counter-claimed, aiming to assign full blame for the divorce to H.W. He accused her of neglecting marital duties and violating the duty of mutual respect through slanderous accusations, even seeking compensation for her alleged disrespect.
French courts – including the civil court, the Versailles Court of Appeal, and France’s highest court, the Court of Cassation – ultimately deemed that H.W.’s refusal to have sexual relations constituted marital misconduct, placing full blame for the divorce on her. However, both spouses’ claims for compensation were dismissed.
While marital rape has been criminalised since 1990, civil court rulings often perpetuate outdated interpretations of marital obligations.
“The Court concluded that the very existence of such a marital obligation ran counter to sexual freedom, (and) the right to bodily autonomy,” ECHR said in a statement.
“Any non-consensual act of a sexual nature constituted a form of sexual violence,” the statement said.
The ruling comes as France is grappling with broader questions of consent and gender equality, fuelled by high-profile cases like that of Gisèle Pelicot. In 2024, her now ex-husband, Dominique Pelicot, was sentenced to 20 years in prison for drugging her and inviting strangers to rape her as she slept.
Read moreDaughter of French rapist Dominique Pelicot says he ‘should die in prison’
Activists and legal experts have drawn parallels between the two cases, pointing to systemic failures in recognising women’s rights within marriage.
‘An archaic view of women’s rights’
Feminist organisations have long criticised the French Civil Code for its ambiguous phrasing, which some courts interpret as enforcing a “marital duty”. Article 215 states that “spouses are mutually obliged to a communal life” but makes no explicit reference to sexual relations.
“Some legal definitions remain unclear, but communal life does not imply sexual obligations,” said Nathalie Tomasini, a lawyer specialising in women’s rights. “The French rulings reflect a totally archaic view of women’s rights.”
Justice Minister Gérald Darmanin acknowledged the new ruling and pledged to update French legislation. “Obviously we will go in the direction of history and we will adapt our law,” he told reporters on Thursday.
France’s ministry for Europe and foreign affairs, which represented the French government in the case, also expressed its commitment to addressing sexual and sexist violence. Proposed legislation, already under parliamentary review, aims to redefine rape laws and strengthen protections for victims.
Read moreFrance unveils new measures to protect women in wake of Pelicot affair
“Marriage does not entail a default obligation for spouses to engage in sexual relations,” Tomasini said. “Articles of the Civil Code, such as Article 215, must be amended to reflect this reality.”
‘A victory for all women’
H.W.’s marriage, which began in 1984, deteriorated after the birth of her first child. Years of health issues and abuse culminated in her decision to cease sexual relations in 2004. Despite the circumstances, French courts ruled against her, compelling her to seek justice at the European level.
“I couldn’t accept it and leave it at that,” H.W. said in a statement Thursday.
Women’s rights activists commended her determination. “Marriage is no longer sexual servitude. This ruling is especially significant, as nearly half of all rapes are committed by a spouse or partner,” said Delphine Zoughebi, a member of H.W.’s legal team, in a statement.
“Nearly half of all rapes are committed by a spouse or partner. Today’s ruling sets a vital precedent that living together does not imply sleeping together.”
Although the decision does not change the outcome of H.W.’s divorce, it establishes a crucial legal benchmark. Activists hope it will inspire broader reforms, ensuring consent remains at the heart of marital relationships.
“This case is a victory for all women and a reminder that archaic judicial rulings persist – but with enough strength and support, they can be overturned,” Tomasini said.
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