Strasbourg: A French woman, identified as Ms. H.W., has won her appeal in the European Court of Human Rights (ECHR). The court ruled that French courts violated her right to privacy by blaming her for her divorce due to the lack of sexual relations with her husband.
Decade-Long Legal Battle Ends in Victory
The woman, born in 1955, fought for nearly 15 years after exhausting all legal options in France. Her appeal to the ECHR in 2021 stemmed from the 2011 divorce ruling, which she described as unjust and intrusive.
Right to Privacy Upheld
The ECHR stated that French authorities unlawfully interfered in a matter of personal and intimate nature. “The Court could not identify any valid justification for such interference in the realm of sexuality,” it declared.
Legal Precedent Expected to Transform French Laws
Although the ruling does not change H.W.’s divorce, it sets a precedent for future cases in France. Her lawyer, Lilia Mhissen, called the decision groundbreaking. “This abolishes the concept of marital duty rooted in outdated views of marriage,” Mhissen said.
Health Issues and Abuse Contributed to Divorce
H.W. cited severe health issues and threats of violence from her husband as reasons for ending intimacy in 2004. The couple’s situation was further strained by caring for a child with mental and physical disabilities.
Activists Applaud the Ruling
French women’s rights groups supported H.W.’s fight. Emmanuelle Piet, from the Feminist Collective Against Rape, celebrated the verdict. “Forced marital sex is rape, and this victory sends a powerful message,” Piet said.
Feminist Iconic Case Resonates in France
The ruling comes amid national reflection on women’s rights following the case of Gisele Pelicot. Pelicot’s husband was convicted of drugging and facilitating assaults on her, sparking global outrage and renewed advocacy for consent.
Calls for Broader Cultural Change
H.W. expressed hope that the decision sparks progress. “France must take action to eliminate rape culture and promote respect and consent,” she said. Activists believe this case paves the way for broader reforms in French family law.
Trauma from Court Decision
H.W. described the original divorce ruling as deeply traumatizing. “It legitimized a family culture that disregards women’s dignity,” she stated. Her decade-long fight underscores the need to prioritize women’s rights and autonomy.
The ECHR decision is seen as a turning point in challenging patriarchal attitudes and ensuring women’s privacy is respected in future legal cases.
