The concept of “conjugal duty” has been the subject of debate and interpretation for decades, but a recent decision by the European Court of Human Rights (ECHR) has brought this notion back into the spotlight in France. A look back at a historic judgment which redefines the limits of consent in marriage and which shakes up French judicial practices.
A historic judgment from the ECHR
On January 23, 2025, the European Court of Human Rights condemned France for having considered, in a divorce case, the refusal of sexual relations as a marital fault. In this case, a woman was found guilty by a French court for having refused sexual relations with her husband, which led to a divorce pronounced solely at her fault. The ECHR found that this decision violated the right to respect for private and family life enshrined in the European Convention on Human Rights.
The Court recalled that mutual consent is a sine qua non condition for any sexual relationship, including within the framework of marriage. Considering that a person is obliged to have sexual relations with their spouse constitutes a serious interference with fundamental rights and perpetuates an archaic conception of marriage.
A decision welcomed by feminist associations
Many women's rights associations, such as the Women's Foundation, hailed this decision as a major step forward. They believe that it marks an important step in the recognition of consent as a fundamental principle, even within marriage.
For these organizations, the notion of marital duty is a vestige of a time when marriage was seen as a contract denying the autonomy of spouses, particularly women. They emphasize that the imposition of non-consensual sexual relations in a marital context can be similar to a form of sexual violence.
-The consequences for French law
This conviction forces France to revise its judicial practices regarding “conjugal duty”. The judgment challenges the idea that marriage implies permanent and automatic consent to sexual relations.
Legal experts predict reforms to align French law with European standards regarding respect for consent. This development could also have an impact on the prevention of domestic and sexual violence.
A necessary change in mentalities
This case highlights a broader issue: consent education. It recalls that each individual, whatever their marital status, has the right to freely dispose of their body. This historic decision invites us to reconsider the power relationships and the unbalanced dynamics that sometimes persist within couples.
By rehabilitating the principle of consent as an essential foundation of marital relations, this judgment lays the foundations for a society more respectful of individual rights.
