The European Court of Human Rights (ECtHR) considers that There is no “marital duty” of a wife to have sexual relations with her husband, if she does not want them, agreeing with a 69-year-old woman who had been convicted by the Court of Versailles for depriving the father of her children of intimate relationships for nine years.
HW, the wife, living in Chesnay, on the outskirts of Paris, married JC, the husband, in 1984. They had four children, including a disabled daughter. After eight years of marriage, intimate problems of a very diverse nature broke outwhich culminated in violent physical confrontations.
The wife decided to reject intimate relations with the husband, who responded with insults and physical violence. No results. Aggravating the physical and moral crisis of the couple. The husband decided to file for divorce, citing the wife’s refusal to have sexual relations. three years ago, The Court of Appeal of Versailles ruled in favor of the husband.brandishing the wife’s “conjugal duty and obligations” to intimate relationships.
This “obligation” and “conjugal duty” of women disappeared long ago from French law. But they have been used on several occasions, for very different reasons.
HW also wanted a divorce. But she considered her concession unfair because of her rejection of intimate relations with a man who raped, beat and insulted her. In his view, love and intimate relationships must rest on mutual respect and freedom, culminating in moral, spiritual and carnal complicity.
The ruling of the ECtHR has something of history. In their view, the rights of men and women, in this and other cases, are far above and superior to “conjugal duties” based on submission, to the detriment of an essential freedom of women, to decide freely. The European Court considers that this freedom is essential and “incompatible” with any alleged “fault.”
Condemned by the Court of Versailles, respected by the European Court, Madame HW draws this conclusion from the sentence: «I hope that this supranational judicial decision marks a historic turn in the fight for women’s rightsliberated from the sexist tyranny of an alleged matrimonial, conjugal right, incompatible with individual freedom.
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