French woman gains a calling after divorce due to a lack of sex
French woman gains a calling after divorce due to a lack of sex
debate in France .
The case of H.W. Before the EGMR
The French woman, known as Ms. H.W., born in 1955, brought her case to the highest court in Europe in 2021 after she had exhausted all legal options in France for almost a decade. The ECHR decided that the French courts violated the right of women to respect her private and family life.
illegal interventions of the state
"In this case, the court could not find any reason to justify this interference of the state authorities in the area of sexuality," said the ECHR in a statement.
a social rethink in France
This judgment falls into a time of thinking in France according to the High-ranking case of gisele Pelicot , whose husband was convicted of drug abuse and rape. This case shaken the world, rekindled the debates about women's rights in France and made Gisele Pelicot a feminist symbol.
The desire for change
in a statement published by her lawyer, Lilia Mhissen, celebrated 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 that France, like other European countries such as Portugal or Spain, takes specific measures to reduce this rape culture and to promote a true culture of agreement and mutual respect."
consequences for the French legal system
Ms. Mhissen pointed out that the ECHR's judgment was not an 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 had four children with him wanted to divorce, but denied being held responsible for the failure of the marriage. She argued that this was an unjustified intervention in her private life and a violation of her physical integrity.
She conducted health problems and threats from her husband as reasons why she had no intimate relationships since 2004. The fact that one of the couples' children was mentally and physically affected also increased the pressure on marriage.
traumatization by the court decision
Ms. H.W., who comes from Le Chesnay near Paris, said that she was deeply traumatized by the judgment, which “legitimized a family environment in which the privacy and dignity are ignored and disregarded.”
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 about the outcome of the procedure: "Ms. H.W. fought for this fight for 15 years, and the end is a victory - Bravo," she said. "If you are forced to have sexual relationships in marriage, it is rape."
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