In brief
The French National Assembly approved a bill that eliminates the notion of 'conjugal rights'—the obligation for married couples to engage in sexual relations. This landmark legislation clarifies that marriage does not create a duty for sex and disallows using lack of sexual relations as grounds for fault-based divorce. The intended goal is to combat marital rape and affirm individual autonomy within the marriage, as advocates argue that consent should be prioritized.
France has taken a significant step in marital law by enshrining the end of the so-called 'conjugal rights', a legal concept that implied that marriage comes with an inherent duty to engage in sexual relations. The newly approved bill, passed by the National Assembly, adds crucial clauses to the civil code, indicating that ‘community of living’ in marriage does not compel sexual relations between spouses.
The legislation ensures that the lack of sexual intimacy cannot be cited in fault-based divorce proceedings, thus providing a legal framework that reinforces the idea of consent in marriage. Advocates for the law believe it may serve to deter instances of marital rape—asserting that the recognition of individual autonomy is essential within the marital union.
Marie-Charlotte Garin, a Green Party MP and the bill's sponsor, emphasized the necessity of ending the notion of obligatory sexual relations, stating, '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.' She further stated, 'Marriage cannot be a bubble in which consent to sex is regarded as definitive and for life.'
This new law aims to close gaps that historically permitted courts to interpret marital obligations broadly, even though there was no explicit mention of sexual duties in the legal texts. Previously, the French civil code outlined marriage duties as ‘respect, fidelity, support, and assistance,’ intentionally leaving out any reference to sexual rights.
Recent events, including a notable case where a woman's refusal for sex contributed to a 'fault-based' divorce ruling, prompted national outcry and legal change. The European Court of Human Rights condemned France for allowing such grounds for divorce, marking a significant victory for advocacy groups pushing for women's rights and sexual autonomy.
While the impact of this law in court proceedings may be moderate, the psychological and sociological ripple effects are anticipated to resonate deeply within French society, encouraging ongoing discussions about marital consent and the evolving understanding of personal rights within the framework of marriage.
