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] 1 points 1 week ago* (last edited 1 week ago) (30 children)

This article is skipping the whole other side of what's being ruled on. What are the consequences of trying to get divorced while being ruled at-fault for it? They refer to it as 'rape culture', but that seems like extremely inflammatory language without knowing 'why'. Like, is it a threat of being kicked out of the house destitute as the person at fault gets nothing? I agree that would be coercive. I just want the consequences explained so we know why it is rape culture as I don't live in France.

Edit: to everyone tripping over themselves to white-knight against rape justifications this is closer to why I asked / the legal particulars

[–] Nurse_Robot 19 points 1 week ago (23 children)

Idk man, legally blaming a woman for a divorce because she no longer wants to have sex feels pretty rape culture-y to me, regardless of any additional information or context. If it's one party's fault, then one party did something wrong. Do you think it's wrong for someone to have the right to refuse sex? In other words, should women have the right to say no?

[–] rollerbang 11 points 1 week ago (5 children)

I definitely agree that either person in the marriage has the right to say no. But I also think that this would be a good enough reason for the other person to want a divorce.

Now if the other person wants to divorce after one rejection, that's clearly a lack of foundation, imho. But sustained rejection sure.

Now one would wonder why would a person be rejecting for this long. Medical issues are not the same as some other reasons.

[–] [email protected] 8 points 1 week ago (1 children)

There's a difference between wanting a divorce, and the woman being legally at fault for not wanting to have sex.

I agree, lack of physical intimacy can be a legitimate deal breaker for a relationship, but the divorce should be no-fault.

[–] [email protected] 2 points 1 week ago (1 children)

I think it is a bit more complicated.

If we accept that adultery is a reason for "fault divorce", this makes it easy for an undiscovered adulterer to turn it into a no fault divorce, take a full half and then "have found" new love right as the divorce is fully settled.

[–] [email protected] 2 points 1 week ago

That's not a good reason to punish a woman for not wanting to have sex. There's never a justification for that.

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