this post was submitted on 23 Jan 2025
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A woman, who was blamed by French courts for her divorce because she no longer had sex with her husband, has won an appeal in Europe's top human rights court, the court said on Thursday, reigniting a debate in France over women's rights.
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[Lawyer, Lilia Mhissen] "This decision marks the abolition of the marital duty and the archaic, canonical vision of the family," she said in a statement. "Courts will finally stop interpreting French law through the lens of canon law and imposing on women the obligation to have sexual relations within marriage."

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[–] [email protected] -3 points 1 day ago (1 children)

it’s wrong for someone to have the right to refuse sex?

In the context of swearing an oath that you would have sex, yes it would be your fault for breaking the oath. Inferring a duty to be raped is taking this to ridiculous levels. If someone doesn't want to they ofc shouldn't have to, but, that is why I am asking about the legal consequences of being at-fault.

Saying, 'you broke your oath' is one thing. Forcing someone to fulfill their oath under threats of violence, or destitution are another. I wish people on here had a better grasp of nuance.

[–] insaneinthemembrane 4 points 1 day ago (1 children)

Is having sex in the usual marriage vows?