It was a “Legal battle that has lasted for almost ten years”, tells the BBC. On January 23, the European Court of Human Rights (ECHR) issued a long -awaited decision in a divorce case that had “Aroused a debate on consent within marriage and the rights of women in France”.
The couple's divorce was pronounced in 2018 “For final alteration of the marital link”, A Judge for Family Affairs being “That the community of life between the spouses had ceased for more than two years”, Recalls the ECHR in a press release. But the following year, a court of appeal this time declared the divorce to the exclusive wrongs of the ex-wife, considering in particular that his continuous refusal of intimate relations constituted a “Serious and renewed violation of marriage duties and obligations”.
The notion of “conjugal duty” does not exist in French law but several articles of the Civil Code give rise to interpretations of the judges, thus creating solid jurisprudence. French law “Since 1990 guarantees the right of the spouse to refuse sexual relations and since 2006, French law has devoted the concept of marital rape”, also recalls The evening.
-Flourish by the Court of Cassation
France
