European Court: Marriage without sex is not grounds for divorce

Shafaq News/ The European Court of Human Rights ruled Thursday that a woman who refuses to have sexual relations with her husband should not be considered "at fault" in divorce proceedings.

This landmark decision arose from the case of a 69-year-old French woman, HW, whose husband was granted a divorce after she ceased sexual activity with him for years.

The court emphasized that any sexual act must be consensual, and marriage does not implicitly require sexual relations.

It rejected the French government's stance that consent to marriage automatically implies consent to future sexual relations. The ruling underscores the importance of bodily autonomy and privacy under Article 8 of the European Convention on Human Rights, which protects an individual's right to a private and family life.

In its judgment, the court reminded that "any non-consensual sexual act constitutes a form of sexual violence." It added, "The court cannot accept, as suggested by the government, that consent to marriage implicitly means consent to future sexual relations."

HW’s lawyer, Lilia Mhissen, expressed hope the ruling would be a turning point in the fight for women’s rights, affirming that women should have control over their bodies and relationships. She said, "I hope this decision will mark a turning point in the fight for women’s rights in France."

Women’s rights groups, including the Foundation des Femmes, supported the decision, highlighting that marriage should not equate to sexual servitude.

In a joint statement, they stated, "Marriage is not and must not be sexual servitude." They also emphasized that French judges should not impose on women, directly or indirectly, an obligation to have sexual relations, as marital rape is a crime in France.

The ruling is expected to influence future legal proceedings regarding marital duties and consent, signaling a shift toward greater recognition of individual autonomy within relationships.