Landmark ECHR Ruling Challenges Marital Consent Norms in France

The ECHR has deemed that a woman should not be penalized for refusing sexual relations in her marriage, highlighting the importance of consent and questioning archaic norms within French law. The ruling reflects a growing movement towards redefining marital consent and women's rights.

A French woman, identified as Ms. H.W., has achieved a significant victory in her long-running legal battle concerning her refusal to engage in sexual relations with her husband. The European Court of Human Rights (ECHR) concluded that she should not have been held responsible for the divorce, emphasizing the importance of consent in marital relationships. This landmark ruling, announced on Thursday, addressed the debate surrounding the implications of marital duties under French law, which has often overlooked the necessity of consent.

The 69-year-old's case, which has spanned nearly a decade, revolved around her 2012 petition for divorce, which she filed after experiencing decades of physical and emotional abuse. Ms. H.W. had married her husband, JC, in 1984 and had four children, one of whom required special care—a responsibility she notably managed. The relationship began to deteriorate soon after the births of their children and worsened significantly by 2002, when H.W. started facing abuse.

Despite her request for divorce, H.W. objected to the grounds that labeled her as at fault due to her sexual refusal. Initially, the Versailles appeals court sided with her husband, dismissing her claims and asserting the validity of "marital duty" in matters of sexuality. This decision was later backed by the Court of Cassation, leaving H.W. with no recourse until she brought her case to the ECHR in 2021.

The ECHR's unanimous judgment underscored the need for governments to limit interventions in private matters, such as sexuality, to serious issues. It rejected the notion that marriage implies blanket consent for sexual relations, emphasizing that marital rape is a serious crime and that consent can be freely given or withdrawn at any time.

This ruling resonates with the heightened focus on consent in France, particularly following the conviction of Dominique Pélicot, who was found guilty of drugging his wife and enabling other men to assault her. Advocates for women's rights have welcomed the ECHR's decision, urging French courts to modernize their perspectives on consent and to discard outdated views that perpetuate harmful gender stereotypes. A recent report by members of the French parliament suggested revising the definition of rape to encompass non-consent explicitly, signaling a potential shift in cultural attitudes toward marital rights and responsibilities.