In Paris on Jan 23, Reuters reported that a French woman, who had been held responsible for her divorce by French courts due to a lack of sexual relations with her husband, successfully appealed her case in the top human rights court in Europe. The European Court of Human Rights (ECHR) ruled in favor of the woman, recognized as Ms. H.W, born in 1955, stating that the French courts infringed on her right to privacy and family life.
The ECHR decision was made following the woman's pursuit of legal recourse in France over nearly a decade post-divorce. The court highlighted the lack of justification for state interference in personal matters concerning sexuality. This ruling has sparked a renewed discussion on women's rights in France.
The ruling by ECHR coincides with a period of reflection in France following the widely publicized Gisele Pelicot case, where her husband was accused of facilitating assaults on her. The case led to reemerged societal debates and elevated Gisele Pelicot as a symbol of feminism.
In response to the ruling, Ms. H.W, through her lawyer Lilia Mhissen, expressed optimism regarding the impact it might have on women's rights advocacy in France. She emphasized the need for concrete actions to combat a culture of rape and promote mutual respect and consent in society.
Although the ruling does not affect Ms. H.W.'s finalized divorce, it is expected to shape future divorce judgments in France by avoiding similar attributions of blame. The legal representative stressed the significance of eliminating outdated notions like marital duty and emphasized the importance of respecting women's autonomy.
The French government, represented by the Ministry for Europe and Foreign Affairs in the case, has not yet issued a response to the ruling. Ms. H.W, who married in 1984 and has four children, argued that health issues and threats from her husband had influenced her decision not to engage in intimate relations after 2004, particularly given the challenges of caring for a disabled child.
Ms. H.W., residing near Paris, denounced the court's initial decision for legitimizing an environment that disregards women's dignity and privacy, causing her profound distress. Notably, her case received support from two French women's rights groups, including the Feminist Collective Against Rape, whose leader, Emmanuelle Piet, expressed satisfaction with the outcome, labeling forced sexual relations in marriage as a form of rape.