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27 January, 2025
 
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ECHR overturns French ruling blaming woman for divorce due to lack of sex

Court victory sparks renewed debate over sexual autonomy and women’s rights in France

Newsroom

In a landmark ruling, the European Court of Human Rights (ECHR) has sided with a French woman who was blamed by French courts for the breakdown of her marriage because she did not engage in sexual relations with her husband. The case has reignited debates on women’s rights and sexual autonomy in France, drawing attention to the longstanding issue of marital obligations.

The woman, identified only as Ms. H.W., married her husband in 1984 and had four children together. However, after years of health issues and abuse, she stopped having sex with him in 2004. When she sought a divorce, French courts blamed her for the marriage’s collapse, citing her lack of intimacy as a key factor. This led Ms. H.W. to challenge the ruling at the ECHR.

The court ruled that French authorities had violated Ms. H.W.’s right to private and family life, stating that there was no justification for intervening in her sexual choices. The decision challenges an old-fashioned view of marriage that ties women’s worth to their sexual roles within it.

For Ms. H.W., the court’s ruling marks a hard-won victory, as she had fought for nearly a decade to overturn the decision in France. Her lawyer, Lilia Mhissen, called it a pivotal moment in the fight for women’s rights, arguing that it would prevent future French judges from issuing similar rulings and remove the “archaic, canonical vision” of marriage that still shapes legal decisions in the country.

While the ruling does not affect Ms. H.W.’s final divorce, it has already made waves in France, where the issue of sexual rights and violence is under increasing scrutiny. The French government has acknowledged the decision, with plans for law reforms on sexual violence and rape definitions currently under discussion.

Ms. H.W. hopes that the ruling will be a catalyst for France to adopt concrete measures to combat rape culture and promote mutual respect in relationships. Women’s rights groups across the country have celebrated the decision, marking it as a significant step in dismantling outdated legal and societal norms.

*Source: AP News

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Cyprus  |  France  |  human rights

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