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Woman blamed by French court for divorce because she stopped having sex with husband wins appeal at top European court

A French woman has won a major legal battle after being blamed for her divorce because she stopped having sex with her husband. The case, which was taken to the European Court of Human Rights (ECHR), has sparked discussions about women’s rights, privacy, and marital expectations.

Ms. H.W., who married her husband in 1984 and had four children, faced serious health issues and threats of violence from her husband, which led her to stop having sexual relations with him in 2004. In addition, their marriage was strained by the challenges of caring for a child with special needs. Despite wanting the divorce, Ms. H.W. was shocked when the French courts blamed her for the breakup of the marriage.

After nearly a decade of legal struggles in France, she brought her case to the ECHR in 2021. She argued that the French courts’ decision to blame her violated her right to privacy and physical integrity. The ECHR agreed, ruling that the French courts had no valid reason to interfere with her sexual choices within marriage.

This ruling has been hailed as a victory for women’s rights. Ms. H.W. expressed hope that the decision would help end the “rape culture” in France and encourage a culture of mutual respect in relationships. Her lawyer emphasized that this decision would prevent French courts from making similar rulings in the future, marking a significant shift away from outdated legal views that pressure women into certain behaviors within marriage.

While the ruling does not change the divorce itself, it’s a step toward ending the legal tradition of forcing women to uphold traditional marital duties, including sex, which is now viewed by many as a violation of women’s rights. Feminist organizations have praised the decision, calling it an important step in promoting equality and respect for personal freedom in marriage.

This case is an important reminder of the need for legal reforms that protect women from unjust pressure and uphold their right to privacy and dignity within marriage.

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