France is to enshrine in law the end of so-called 'conjugal rights' – the notion that marriage means a duty to have sex. A bill approved on Wednesday in the National Assembly adds a clause to the country's civil code making clear that 'community of living' does not create an 'obligation for sexual relations'. The proposed law also makes it impossible to use lack of sexual relations as an argument in fault-based divorce. Though unlikely to have a major impact in the courts, supporters hope the law will help deter marital rape.
'By allowing such a right or duty to persist, we are collectively giving our approval to a system of domination and predation by husband on wife,' said the bill's sponsor, Green MP Marie-Charlotte Garin. She emphasized that 'marriage cannot be a bubble in which consent to sex is regarded as definitive and for life.'
The law aims to clear up an ambiguity that has existed even though there has never been an explicit mention of 'conjugal duty' in legal texts. Currently, the French civil code defines marital duties as 'respect, fidelity, support and assistance', without specifying sexual obligations, a concept that stemmed from medieval church law. Despite this, some judges had interpreted 'community of living' to imply sexual relations in divorce cases. In 2019, a famous case involved a woman who was denied a 'fault-based' divorce despite her husband's claim of her withholding sex.
The European Court of Human Rights condemned France for using lack of sexual relations as grounds for divorce, marking a significant victory for feminist advocates. The new law reaffirms that although it may not change existing court practices, it aims to stand against the enduring societal notion that wives owe sexual consent to their husbands. With this legislation, France joins a growing movement to redefine consent within marital relationships, reinforcing the view that sexual relations must be rooted in voluntary agreement.
'By allowing such a right or duty to persist, we are collectively giving our approval to a system of domination and predation by husband on wife,' said the bill's sponsor, Green MP Marie-Charlotte Garin. She emphasized that 'marriage cannot be a bubble in which consent to sex is regarded as definitive and for life.'
The law aims to clear up an ambiguity that has existed even though there has never been an explicit mention of 'conjugal duty' in legal texts. Currently, the French civil code defines marital duties as 'respect, fidelity, support and assistance', without specifying sexual obligations, a concept that stemmed from medieval church law. Despite this, some judges had interpreted 'community of living' to imply sexual relations in divorce cases. In 2019, a famous case involved a woman who was denied a 'fault-based' divorce despite her husband's claim of her withholding sex.
The European Court of Human Rights condemned France for using lack of sexual relations as grounds for divorce, marking a significant victory for feminist advocates. The new law reaffirms that although it may not change existing court practices, it aims to stand against the enduring societal notion that wives owe sexual consent to their husbands. With this legislation, France joins a growing movement to redefine consent within marital relationships, reinforcing the view that sexual relations must be rooted in voluntary agreement.
