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French Woman Who Stopped Having Sex With Husband Wins Appeal

A French woman, H.W., has won a landmark case at the European Court of Human Rights, overturning a French court's ruling that her refusal to have sex with her husband breached marital duties. The decision is being celebrated as a major victory for women's rights and the principle of consent in marriage.

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French Woman Who Stopped Having Sex With Husband Wins Appeal

A French woman won a case at the EU of Human Rights, overturning a French court's ruling that her refusal to have sex with her husband.


A French woman identified as H.W. has won a pivotal appeal at the European Court of Human Rights (ECHR) after a French appeals court ruled that her refusal to have sex with her husband constituted a breach of marital duties. The ECHR’s decision, delivered nearly six years after the French court’s controversial ruling, is being hailed as a significant step in protecting women’s rights and upholding the principles of consent and sexual autonomy.

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Background of the Case

H.W., born in 1955, filed for divorce from her husband in 2012, citing his bad temper, abusive behavior, and violent tendencies. The couple had four children together. H.W. explained that she ceased sexual relations with her husband in 2004 due to health problems and threats of violence.

In response, her husband counterclaimed that H.W.’s refusal to engage in sexual relations constituted a failure to fulfill her marital obligations and accused her of making slanderous allegations.

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In 2019, a French appeals court sided with her husband, holding H.W. responsible for the marriage’s breakdown due to her refusal to have sex. This decision sparked widespread criticism for its implications regarding consent within marriage.

ECHR Ruling on French Woman: A Turning Point

In 2021, after exhausting her legal options in France, H.W. brought her case to the ECHR, which delivered its landmark ruling on Thursday. The court condemned the French appeals court’s decision, declaring it a violation of H.W.’s right to respect for private and family life under Article 8 of the European Convention on Human Rights.

The ECHR stated, “The Court could not identify any reason capable of justifying this interference by the public authorities in the area of sexuality.”

The court emphasized that any interpretation of marital duties must prioritize consent, adding, “Consent to marriage could not imply consent to future sexual relations. Such an interpretation would be tantamount to denying that marital rape was reprehensible in nature.”

The court further concluded that the concept of a marital obligation to engage in sexual relations contradicts the principles of sexual freedom and France’s commitment to combating domestic and sexual violence.

A Victory for French Woman

H.W.’s lawyer, Lilia Mhissen, lauded the ruling as a critical step toward gender equality and the protection of women’s rights. In a statement, H.W. expressed hope that the decision would spark significant cultural and legal change, “It is now imperative that France, like other European countries, such as Portugal or Spain, take concrete measures to eradicate this rape culture and promote a true culture of consent and mutual respect.”

Although the ruling does not affect the divorce outcome, Mhissen highlighted its broader implications, stating it will prevent French judges from making similar rulings in the future.

Also Read: ‘Wear Your Clothes’, Mother Spots Her Son In A Queue Of Men To Have Sex With Bonnie Blue

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France Sex

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