French woman wins divorce appeal over lack of sex

French woman wins divorce appeal over lack of sex

Debate about women's rights in France again.

The case of H.W. before the ECtHR

The French woman, known as Ms H.W., born in 1955, took her case to Europe's highest court in 2021 after exhausting all legal options in France for almost a decade. The ECHR ruled that the French courts violated the woman's right to respect for her private and family life.

Unlawful interference by the state

“In this case, the court was unable to identify any reason that could justify this interference by the state authorities in the area of ​​sexuality,” the ECtHR said in a statement.

A social rethink in France

This judgment comes at a time of reflection in France after high-profile case of Gisele Pelicot, whose husband was convicted of drug abuse and rape. This case shocked the world, reignited debates about women's rights in France and made Gisele Pelicot a feminist symbol.

The desire for change

In a statement released by her lawyer, Lilia Mhissen, Ms. H.W. their legal victory. “I hope that this decision will mark a turning point in the fight for women’s rights in France,” she said. “It is now time for France, like other European countries such as Portugal and Spain, to take concrete action to dismantle this rape culture and promote a true culture of consent and mutual respect.”

Consequences for the French legal system

Ms Mhissen pointed out that the ECtHR ruling had no impact on the divorce of H.W. has because it is final. However, she explained that it will have a significant impact on French law by preventing French judges from making similar divorce decisions in the future.

Health problems and family stress

The woman, who married her husband in 1984 and has four children with him, wanted a divorce but denied being blamed for the breakdown of the marriage. She argued that this was an unjustified intrusion into her private life and a violation of her physical integrity.

She cited health problems and threats from her husband as reasons why she has not had intimate relationships since 2004. The fact that one of the couple's children was mentally and physically disabled also added pressure to the marriage.

Traumatization caused by the court decision

Ms. H.W., who comes from Le Chesnay, near Paris, said she was deeply traumatized by the ruling, which "legitimized a family environment in which women's privacy and dignity are ignored and disrespected."

Support from feminist groups

The case of H.W. found support from two French women's rights groups. Emmanuelle Piet, the head of the Feminist Collective Against Rape, expressed her joy at the outcome of the trial: "Mrs. H.W. has fought for this fight for 15 years and the end is a victory - bravo," she said. “Forcing one to have sexual relations within marriage is rape.”