Hello and welcome to the details of European court rules against France in case of woman blamed for divorce due to lack of sex and now with the details
Nevin Al Sukari - Sana'a - In 2019, an appeals court in Versailles dismissed the woman’s complaints and sided with her husband, while the Court of Cassation dismissed an appeal without giving specific reasons. — Picture from Pexels.com
PARIS, Jan 24 — Europe’s top rights court yesterday sided with a 69-year-old Frenchwoman whose husband had obtained a divorce on the grounds that she had stopped having sex with him.
The European Court of Human Rights (ECHR) ruled against France, saying a woman who refuses to have sex with her husband should not be considered “at fault” by courts in the event of divorce.
“The European Court of Human Rights held, unanimously, that there had been: a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights,” a statement said.
The court identified the woman only as H.W., saying she lives in Le Chesnay in the western suburbs of Paris.
The woman did not complain about the divorce, which she had also sought, but rather about the grounds on which it had been granted, the Strasbourg-based court said.
Any concept of marital duties needed to take into account “consent” as the basis for sexual relations, the statement said.
“The Court concluded that the very existence of such a marital obligation ran counter to sexual freedom, (and) the right to bodily autonomy,” it said.
“The applicant’s husband could have petitioned for divorce, submitting the irretrievable breakdown of the marriage as the principal ground, and not, as he had done, as an alternative ground,” the court found.
“The domestic courts had not struck a fair balance between the competing interests at stake.”
The woman and J.C. married in 1984 and had four children, including a disabled daughter who needed the constant presence of a parent, a role that her mother took on.
Relations between husband and wife deteriorated when their first child was born. The woman began experiencing health problems in 1992.
In 2002, her husband began abusing her physically and verbally, the court said.
In 2004, she stopped having sex with him and in 2012 petitioned for divorce.
In 2019, an appeals court in Versailles dismissed the woman’s complaints and sided with her husband, while the Court of Cassation dismissed an appeal without giving specific reasons.
She turned to the Strasbourg-based court in 2021 after losing her appeals in France.
Her case has been supported by two women’s rights group, the Fondation des Femmes (Women’s Foundation) and Collectif feministe contre le viol (Feminist Collective against Rape).
In a joint statement in 2021, they said: “Marriage is not and must not be sexual servitude.”— AFP
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