Woman who refused sex to husband wins landmark court case in European court

 

A French woman stopped having sex with the husband, and now Europe's top human rights court grants her landmark victory in her appeal case - says it is her right. The European Court of Human Rights (ECHR) decided that she should not have been blamed for their divorce.The court agreed with the 69-year-old woman, saying that courts should not treat refusal to have sex as a reason for fault in divorce cases.

 

Woman Who Refused Sex to Husband Wins Landmark Court Case in European Court

 

This unanimous ruling said that France had violated her right to privacy and family life under European human rights law. It ended a legal battle that had lasted nearly 10 years.

The woman, known as Ms. H.W, celebrated the decision as a win for women’s rights and for the fight against rape culture. She said it promoted the importance of consent in marriage. The case has started a big conversation about marriage, consent, and women's rights in France. Lilia Mhissen, H.W.'s lawyer, said the decision broke down the outdated idea of "marital duty" and called for French courts to adopt modern views on consent and gender equality.

 

Women's rights groups supporting H.W. said French judges still push an old-fashioned view of marriage, which keeps harmful stereotypes alive. H.W., who lives near Paris, married her husband, JC, in 1984. They had four children, including a daughter with a disability who needed constant care, a responsibility that H.W. took on. Their relationship started to fall apart after their first child was born, and by 1992, H.W. started having health problems. In 2002, her husband began verbally and physically abusing her. In 2004, she stopped having sex with him and asked for a divorce in 2012.

 

H.W. did not dispute the divorce, but she disagreed with how it was handled. In 2019, an appeals court in Versailles sided with her husband and rejected her complaints. France’s highest court, the Court of Cassation, also dismissed her case. She then took the matter to the ECHR in 2021.

 

The ECHR ruled that governments should only interfere in personal matters like sexuality for very serious reasons. It said that the idea of "marital duties" in French law ignored the importance of consent in sexual relationships.

The court stressed that agreeing to marry does not mean agreeing to have sex later. It also said that suggesting otherwise would deny that marital rape is a serious crime.

 

The ruling comes at a time when there’s increasing focus on the issue of consent in France, especially after the high-profile case of Dominique Pélicot, who drugged his wife and allowed men to rape her. Pélicot and the 50 men involved were convicted last month, raising concerns about how French law handles issues of consent.

 

Feminist groups say the ECHR ruling shows the need to update French laws and change outdated views on marriage and consent.

A recent report by French MPs has suggested that non-consent should be included in the legal definition of rape, stating that consent must be freely given and can be taken back at any time.

Woman who refused sex to husband wins landmark court case in European court

 

A French woman stopped having sex with the husband, and now Europe's top human rights court grants her landmark victory in her appeal case - says it is her right. The European Court of Human Rights (ECHR) decided that she should not have been blamed for their divorce.The court agreed with the 69-year-old woman, saying that courts should not treat refusal to have sex as a reason for fault in divorce cases.

 

Woman Who Refused Sex to Husband Wins Landmark Court Case in European Court

 

This unanimous ruling said that France had violated her right to privacy and family life under European human rights law. It ended a legal battle that had lasted nearly 10 years.

The woman, known as Ms. H.W, celebrated the decision as a win for women’s rights and for the fight against rape culture. She said it promoted the importance of consent in marriage. The case has started a big conversation about marriage, consent, and women's rights in France. Lilia Mhissen, H.W.'s lawyer, said the decision broke down the outdated idea of "marital duty" and called for French courts to adopt modern views on consent and gender equality.

 

Women's rights groups supporting H.W. said French judges still push an old-fashioned view of marriage, which keeps harmful stereotypes alive. H.W., who lives near Paris, married her husband, JC, in 1984. They had four children, including a daughter with a disability who needed constant care, a responsibility that H.W. took on. Their relationship started to fall apart after their first child was born, and by 1992, H.W. started having health problems. In 2002, her husband began verbally and physically abusing her. In 2004, she stopped having sex with him and asked for a divorce in 2012.

 

H.W. did not dispute the divorce, but she disagreed with how it was handled. In 2019, an appeals court in Versailles sided with her husband and rejected her complaints. France’s highest court, the Court of Cassation, also dismissed her case. She then took the matter to the ECHR in 2021.

 

The ECHR ruled that governments should only interfere in personal matters like sexuality for very serious reasons. It said that the idea of "marital duties" in French law ignored the importance of consent in sexual relationships.

The court stressed that agreeing to marry does not mean agreeing to have sex later. It also said that suggesting otherwise would deny that marital rape is a serious crime.

 

The ruling comes at a time when there’s increasing focus on the issue of consent in France, especially after the high-profile case of Dominique Pélicot, who drugged his wife and allowed men to rape her. Pélicot and the 50 men involved were convicted last month, raising concerns about how French law handles issues of consent.

 

Feminist groups say the ECHR ruling shows the need to update French laws and change outdated views on marriage and consent.

A recent report by French MPs has suggested that non-consent should be included in the legal definition of rape, stating that consent must be freely given and can be taken back at any time.

Woman who refused sex to husband wins landmark court case in European court

 

A French woman stopped having sex with the husband, and now Europe's top human rights court grants her landmark victory in her appeal case - says it is her right. The European Court of Human Rights (ECHR) decided that she should not have been blamed for their divorce.The court agreed with the 69-year-old woman, saying that courts should not treat refusal to have sex as a reason for fault in divorce cases.

 

Woman Who Refused Sex to Husband Wins Landmark Court Case in European Court

 

This unanimous ruling said that France had violated her right to privacy and family life under European human rights law. It ended a legal battle that had lasted nearly 10 years.

The woman, known as Ms. H.W, celebrated the decision as a win for women’s rights and for the fight against rape culture. She said it promoted the importance of consent in marriage. The case has started a big conversation about marriage, consent, and women's rights in France. Lilia Mhissen, H.W.'s lawyer, said the decision broke down the outdated idea of "marital duty" and called for French courts to adopt modern views on consent and gender equality.

 

Women's rights groups supporting H.W. said French judges still push an old-fashioned view of marriage, which keeps harmful stereotypes alive. H.W., who lives near Paris, married her husband, JC, in 1984. They had four children, including a daughter with a disability who needed constant care, a responsibility that H.W. took on. Their relationship started to fall apart after their first child was born, and by 1992, H.W. started having health problems. In 2002, her husband began verbally and physically abusing her. In 2004, she stopped having sex with him and asked for a divorce in 2012.

 

H.W. did not dispute the divorce, but she disagreed with how it was handled. In 2019, an appeals court in Versailles sided with her husband and rejected her complaints. France’s highest court, the Court of Cassation, also dismissed her case. She then took the matter to the ECHR in 2021.

 

The ECHR ruled that governments should only interfere in personal matters like sexuality for very serious reasons. It said that the idea of "marital duties" in French law ignored the importance of consent in sexual relationships.

The court stressed that agreeing to marry does not mean agreeing to have sex later. It also said that suggesting otherwise would deny that marital rape is a serious crime.

 

The ruling comes at a time when there’s increasing focus on the issue of consent in France, especially after the high-profile case of Dominique Pélicot, who drugged his wife and allowed men to rape her. Pélicot and the 50 men involved were convicted last month, raising concerns about how French law handles issues of consent.

 

Feminist groups say the ECHR ruling shows the need to update French laws and change outdated views on marriage and consent.

A recent report by French MPs has suggested that non-consent should be included in the legal definition of rape, stating that consent must be freely given and can be taken back at any time.