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  5. French Court Ruling: Refusing Sex Not Grounds for Divorce in France

French Court Ruling: Refusing Sex Not Grounds for Divorce in France

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A 69-year-old French woman, identified as H.W. by the European Court of Human Rights (ECHR), brought a case to the court after her husband obtained a divorce on the grounds that she was "at fault" for refusing to have sex with him. The ECHR ruled in her favor, stating that the French courts had violated her right to respect for private and family life. This decision was made in 2021 and is notable amid a period of soul-searching in France following a high-profile case involving Gisele Pelicot. The ECHR's ruling suggests that a woman's refusal to engage in sex with her husband should not be considered a grounds for divorce.

  1. European Court of Human Rights
    1. 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.
    2. Gisèle Pelicot fought for the rapes committed and organized by her husband to be recognized, and today, the decision of the European Court of Human Rights has reached the same conclusion – that a husband cannot impose sexual acts on a wife.
  2. FR
    Delphine Zoughebi
    1. Today's decision will be binding for French judges, who will no longer be able to consider that living together implies sleeping together.
  3. FR
    Emmanuelle Piet
    Feminist Collective Against Rape
    1. When you are forced to have sexual relations in marriage, it is rape.

sources

  1. 1.The Guardian
  2. 2.France 24
  3. 3.CNN
  4. 4.Le Monde
  5. 5.The New York Times
  6. 6.The Washington Post
  7. 7.Agence France-Presse
  8. 8.Times

perspectives

  1. 1.France under Emmanuel Macron
  2. 2.Women's Rights
  3. 3.Sexual Aggression
  4. 4.French Politics

countries

  1. 1.SpainES
  2. 2.FranceFR
  3. 3.PortugalPT

organizations

  1. 1.European Court of Human Rights
  2. 2.Feminist Collective Against Rape
  3. 3.Fondation des FemmesFR
  4. 4.Court of Cassation
  5. 5.Ministry for Europe and Foreign Affairs
  6. 6.Women's Foundation
  7. 7.Versailles Court of Appeals

persons

  1. 1.Gisèle PélicotFR
  2. 2.Emmanuelle PietFR
  3. 3.Lilia Mhissen
  4. 4.Delphine ZoughebiFR
  5. 5.Dominique PélicotFR
  6. 6.Gabrielle BravoFR
  7. 7.Gérald DarmaninFR
  8. 8.Isabella Kwai
  9. 9.Ségolène Le Stradic

technicals

  1. 1.European Convention on Human Rights
  2. 2.Article 8 of the European Convention on Human Rights