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