Abolition of the "obligation to marry" France wants to clarify that marriage does not mean a right to sex
France is one step closer to abolishing the so-called "obligation to marry": the Senate has approved a bill stating that marriage does not imply an obligation to have sexual relations.
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- The French Senate has approved a bill clarifying that marriage does not imply an obligation to have sexual relations.
- This was triggered by a ruling by the European Court of Human Rights, which criticized the previous practice of a "marital obligation" as a violation of sexual freedom.
- In future, it should no longer be possible to derive guilt from a partner's refusal to have sex, even in the case of divorce.
France has come one step closer to abolishing the so-called marital duty. On Thursday, the Senate passed a bill stating that marriage "does not imply an obligation to have sexual relations". "Marriage is a promise of sharing, love and respect. But it never implies a right of access (to sexual relations)," said Aurore Bergé, deputy minister for equality.
The second chamber of parliament passed the text by 209 votes to 2. The conservative MPs abstained. As the senators had slightly amended the text already passed by the National Assembly, the bill still has to go through a conciliation committee with representatives from both chambers. Only then can it be finally passed.
The text should in future be read out by mayors at marriages in order to prevent sexual violence, demanded center-right MP Paul Christophe.
Last year, the European Court of Human Rights condemned France because the French judiciary had found a woman guilty in a divorce because she had refused to have sex with her husband.
The human rights court denounced the adherence to a "conjugal duty", which is not explicitly stated in French law but is assumed by some judges. The existence of a "conjugal duty" is in conflict with sexual freedom and the right to one's own body, according to the grounds of the judgment.
In France, the principle of guilt still applies
The draft law therefore also states that in the event of divorce, no one can be blamed for refusing to have sex with their spouse.
In France, the fault principle still exists in divorce cases, but it is being used less and less. The fault principle means that in the event of a divorce, it is determined who is responsible for the breakdown of the marriage - and this "fault" can have legal consequences. In Switzerland, the fault principle was abolished in 2000 with the revision of divorce law.
In France, the highest court of appeal recognized the offence of rape between spouses in 1990. This has been in the penal code since 2006. In Switzerland, marital rape has been punishable since 1992 and has been prosecuted ex officio as an official offense since April 1, 2004.
