European Court Upholds Autonomy in Marriage: Refusal of Sex Not Grounds for Divorce

The European Court of Human Rights has overturned a French ruling that deemed a woman at fault for her divorce due to her refusal of sexual relations, highlighting the importance of personal autonomy and the right to control one's body in marriage.

The couple had shared nearly thirty years of marriage before their separation, with the woman citing her husband's demanding job as a factor in their declining relationship. However, in a ruling from 2019, the Versailles Court of Appeals cited her refusal to engage in sexual relations as the primary reason for the couple's split, placing the blame solely on her shoulders.

On January 24, 2025, the European Court of Human Rights condemned that ruling as a violation of the woman’s rights to privacy and autonomy, particularly in relation to her sexual life. This decision is celebrated as a crucial victory for women’s rights advocates concerned about marital laws in France.

The earlier French court's decision labeled the woman's cessation of intimacy as a "serious and repeated violation" of her marital responsibilities. In stark contrast, the European Court of Human Rights asserted that such obligations undermine sexual freedom and personal autonomy. The court emphasized, “Consent to marriage does not equate to consent for future sexual relations,” reinforcing individual rights within marital frameworks.

This ruling marks a significant moment for women's rights, with advocates viewing it as a crucial advance in the fight against domestic and sexual violence. The woman at the center of this case, known only as H.W., welcomed the decision, asserting that she should not have been held accountable for the divorce.