The European Court of Human Rights (ECHR) has issued a landmark ruling siding with a 69-year-old French woman, determining that her refusal to engage in sexual relations with her husband should not be classified as "fault" in divorce proceedings. This ruling comes as a significant condemnation of French divorce laws, altering the perception of marital duties and consent within the context of marriage. The unanimous decision underscores the violation of her rights under Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life.

The woman, referred to as H.W., had challenged her divorce on the grounds of her husband’s claim that she was solely at fault for stopping sexual relations. As detailed in the ruling, the ECHR emphasized that concepts of marital obligations must prioritize individual consent. "Consent to marriage could not imply consent to future sexual relations," the court remarked, recognizing that any notion of marital duty that disregards consent undermines sexual freedom and bodily autonomy.

This ruling emerged from a prolonged legal battle that began in 2012 when H.W. petitioned for divorce after enduring years of physical and verbal abuse from her husband, J.C. Although she had sought to end the marriage, she objected to the blame placed on her for the lack of sexual relations. The Paris Appeals Court had previously ruled against her, leading her to bring her case before the ECHR in 2021.

Women’s rights organizations, including the Fondation des Femmes and the Feminist Collective Against Rape, supported H.W. in this case, asserting that the ruling represents a pivotal moment in the fight against "rape culture" and advocates for a broader understanding of consent in matrimonial relationships. In a joint declaration, they stated that "marriage is not and should not be a form of sexual servitude." This sentiment was echoed by H.W., who declared, "I hope that this decision will mark a turning point in the fight for women’s rights in France."

The ruling also comes against the backdrop of recent discussions around consent laws in France, particularly following the high-profile Pélicot case, which highlighted severe lapses in legal protections against marital violence and sexual exploitation. Justice Minister Gérald Darmanin acknowledged the significance of the ruling, suggesting the need for legislative amendments to reflect a modern understanding of consent.

Overall, the ECHR's decision not only alters the landscape of divorce proceedings in France but also sets a precedent for future cases claiming marital autonomy. The court concluded that the previous legal interpretations had failed to balance the competing interests in such disputes, signifying a crucial shift towards protecting individual rights within the institution of marriage.

For more details about the court's ruling, refer to the full report from BBC, The Guardian, and CBS News.