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Top European human rights court backs French woman who refused sex with her husband
Her marriage had been deteriorating for decades — marred, she said, by health problems and threats of violence. But when the woman filed for divorce, French courts deemed her at fault for refusing to have sex with her husband.
The case ignited a debate about attitudes toward consent and women’s rights in France, which advocates said highlighted the need for legal reform around nonconsensual sex within a marriage.
On Thursday, the 69-year-old French woman, known by her initials, H.W., won her appeal in Europe’s top human rights court, which unanimously sided with her, saying that refusal to engage in sexual relations could not be considered grounds for fault in divorce.
“The very existence of such a marital obligation ran counter to sexual freedom,” including the right to bodily autonomy and the government’s obligation to prevent sexual and domestic violence, the European Court of Human Rights said in its ruling.
The case ignited a debate about attitudes toward consent and women’s rights in France, which advocates said highlighted the need for legal reform around nonconsensual sex within a marriage.
On Thursday, the 69-year-old French woman, known by her initials, H.W., won her appeal in Europe’s top human rights court, which unanimously sided with her, saying that refusal to engage in sexual relations could not be considered grounds for fault in divorce.
“The very existence of such a marital obligation ran counter to sexual freedom,” including the right to bodily autonomy and the government’s obligation to prevent sexual and domestic violence, the European Court of Human Rights said in its ruling.
https://www.nbcnews.com/news/world/european-court-french-woman-refused-sex-husband-rcna189084