Landmark Ruling in France Recognizes Marital Consent and Signals Shift in Attitudes

The European Court of Human Rights has made a significant ruling that recognizes a woman's right to refuse sexual relations within marriage, challenging traditional views on marital obligations and advancing women's rights in France.

In a groundbreaking decision, the European Court of Human Rights (ECHR) has sided with a 69-year-old French woman, ruling that her refusal to engage in sexual relations with her husband can't be seen as a fault in divorce proceedings. This unanimous ruling marks a critical turning point in the ongoing discussion surrounding marital consent and individual rights, and it comes as part of a legal battle that has persisted for nearly ten years.

The woman, referred to as Ms. H.W., hailed the court's decision as a vital step in addressing the pervasive issue of "rape culture" and affirming the necessity of consent in marriage. Women's rights activists and advocates for modernizing legal frameworks are applauding this ruling, suggesting it dismantles the antiquated idea of "marital duty" and promotes more equitable standards within marital relationships.

Ms. H.W. married her husband, JC, in 1984 and they had four children, including a daughter with severe disabilities that required considerable care. As her health began to decline following the birth of their first child, her marital situation worsened, culminating in physical and verbal abuse from her husband. By 2012, after years of turmoil, she ceased sexual relations and subsequently filed for divorce.

While she consented to the divorce, she contested the reasons cited by the courts, which previously ruled in her husband's favor, dismissing her concerns. After exhausting domestic legal options, including a rejection by France's highest court without explanation, she brought her case before the ECHR in 2021.

The ECHR's ruling emphasized that state intervention in personal matters like sexuality should only occur under severe circumstances. It highlighted that beliefs around "marital duties" contradict the necessity of consent in intimate relations and stated that agreeing to marriage does not imply consent to sexual activity indefinitely. Such a perspective, the court noted, risks trivializing the severity of marital rape.

This ruling emerges in light of rising awareness about issues of consent in France, particularly after a prominent court case involved a man convicted of drugging his wife and facilitating her rape by multiple individuals. Public discourse has intensified regarding the definition and legal implications of consent, and calls for change in legislation have become more pressing.

Feminist organizations believe this ECHR decision is essential in the push to reform French laws surrounding sexual consent, advocating for more robust definitions that stress the voluntary nature of consent, which can be revoked at any moment. A recent parliamentary report has suggested integrating non-consent into legal definitions of rape, reinforcing the need for a progressive shift in societal norms and legal frameworks regarding sexual relations.