Strasbourg condemns France because it justified a divorce due to the rejection of sex

Strasbourg condemns France because it justified a divorce due to the rejection of sex

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Strasbourg Court Takes Aim at French Marriage Laws!

In a shocking ruling, the European Court of Human Rights has condemned France amid the fallout from the Gisèle Pelicot case, where this woman was left drugged by her husband for years while being exploited by dozens of men. The court dared to challenge the very foundation of marital life in France by declaring that refusal to engage in sexual relations should never be grounds for divorce. Is this the beginning of a dangerous dismantling of family values?

The case centers on a woman known simply as HW, who has been married to her husband JC since 1984. Their unhappy marriage entered the limelight when she sought a divorce in 2015, accusing him of prioritizing his career over his family and subjecting her to a barrage of abuse. This is where the major issues begin — did the courts really believe that sexual obligations trump individual autonomy?

“The court reiterated that any non-consensual act of a sexual nature constitutes a form of sexual violence.”

Despite her compelling reasons, the French judicial system turned a blind eye, siding with the husband who claimed that her refusal to engage in intimacy for health reasons was a grave infraction of marital duties. When did consent go out the window? This shocking precedent sets a dangerous tone not just for women’s rights but for the preservation of traditional marriage.

The ECHR’s Warning: Consent Matters!

The European Court of Human Rights, with Spanish judge María Elósegui at the helm, declared that the French interpretation of “conjugal duties” is outdated, disregarding fundamental human rights. The court raised a crucial point: there can be no marriage without the affirmation of consent for future sexual relations. Is France really suggesting that once you are married, consent is a given?

Moreover, the ECHR underscored that marital rights must include the right to say no—something French law has meticulously ignored. This revelation is a massive win for advocates of genuine consent, despite not imposing any fines on the French state. The simple acknowledgment of this legal flaw should serve as a chilling wake-up call for those who cling to the notion of unwavering marital obligations.

Women’s Rights Take Center Stage

Lawyer Lilia Mhissen expressed hopeful sentiments about the ruling, citing its potential impact on the ongoing fight for women’s rights in France. “I hope that this decision will mark a turning point,” she declared. Activist Emmanuelle Piet from the Feminist Collective against Rape has called for a complete overhaul of the outdated articles in the Penal Code regarding conjugal duties—or as they have been referred to, “sexual servitude.”

Nosy lawmakers need to redefine what a community of life means in modern marriage — it cannot possibly mean a community of bed! Today, we face an opportunity to set straight what has been considered normal for far too long.

A Global Outcry for Justice

In a powerful push for justice, a petition demanding the Nobel Peace Prize for Gisèle Pelicot gathered an astounding 150,000 signatures around the world. This movement highlights the urgent need for solidarity against the injustices faced by women under oppressive legal frameworks. As the petition promoter voiced, “Victims are blamed instead of supported,” echoing the distress many experience when faced with a flawed judicial system.

Pelicot’s bravery in renouncing her anonymity to testify against her attackers has ignited a fire within the community for lasting change. Are we about to witness a revolution at the hands of victims daring enough to challenge the narrative?

In this pivotal moment, it’s time to demand accountability. Are we willing to let outdated traditions dictate the morality of marriage? The answer lies in how we respond to this judicial upheaval.

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