The European Court of Human Rights ruled in favor of a Frenchwoman, Ms. H.W., stating that she should not be blamed for not having sexual relations with her husband during their marriage. The court found her rights had been violated under Article 8 of the European Convention on Human Rights, which protects family and private life. It emphasized that consent must be integral to any marital obligation, thus condemning the idea of mandatory sexual relations within marriage.
The very existence of such a marital obligation ran counter to sexual freedom. Consent to marriage could not imply consent to future sexual relations.
The Court's ruling highlights that marital duties must not supersede individual autonomy, emphasizing consent as a pivotal factor in marital relations.
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