Judgment in Strasbourg Lack of sex does not constitute fault for divorce
Is a woman in breach of her marital duties because she no longer sleeps with her husband? Yes, said a French court. However, it is now clear that it made a mistake in its assessment.
23.01.2025, 13:26
23.01.2025, 13:29
dpa
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- French courts have ruled that a woman is to blame for the breakdown of her marriage because she refused to have sex with her husband.
- The woman took this interpretation to court in Strasbourg.
- The European Court of Human Rights upheld her claim.
According to a ruling by the European Court of Human Rights (ECtHR), if a woman refuses to have sex with her husband during their marriage, she cannot be considered to be at fault for the divorce. This violates human rights, the judges in Strasbourg ruled.
The case was brought by a woman from France whose husband divorced her because she no longer had sexual relations with him. The woman agreed with the divorce itself, but not with the grounds.
However, the Court of Appeal in Versailles ruled in favor of the husband and attributed sole fault for the divorce to the wife. The absence of sexual relations constituted a "serious and repeated breach of marital obligations".
Husband could have cited breakdown of the marriage
Following the decision of the Court of Appeal in Versailles, the woman brought an action before the ECHR. This court is independent of the EU and is responsible for monitoring human rights in the member states of the Council of Europe. The woman claimed a violation of her right to respect for private and family life.
The judges agreed with her: such an obligation to have regular sex within marriage violates sexual freedom, the right to bodily self-determination and the fight against sexual and domestic violence. The man could have simply cited the irretrievable breakdown of the marriage as the main reason.
