In brief
In a significant decision, the French National Assembly has approved a bill to abolish the concept of marital duty to engage in sexual relations. The legislation clarifies that 'community of living' does not entail an obligation for sexual intimacy, aiming to support women's rights and combat marital rape. Proponents believe this law will also help eliminate the outdated belief that spouses have a duty to consent to sex, a notion with deep historical roots in marriage laws.
France is set to make a significant legal change by officially ending the concept of 'conjugal rights' — the outdated notion that marriage implies a duty to have sex. On Wednesday, the National Assembly approved a bill that adds a clause to the country's civil code, clarifying that 'community of living' does not create an obligation for sexual relations.The new law will also establish that lack of sexual relations cannot be used as grounds for fault-based divorce, which supporters argue will help deter instances of marital rape.Marie-Charlotte Garin, a Green MP and the bill's sponsor, articulated that maintaining the idea of marital obligation is tantamount to endorsing a system where husbands dominate wives. She stated, 'Marriage cannot be a bubble in which consent to sex is regarded as definitive and for life.'Currently, the French civil code encapsulates marriage duties as 'respect, fidelity, support, and assistance,' without any mention of 'conjugal rights.' The historical roots of conjugal duty date back to medieval church law, yet its interpretation has persisted in contemporary divorce cases.In a notable 2019 case, a woman's lack of sexual relations led to a 'fault-based' divorce ruling against her, indicating guilt for withholding intimacy. However, the European Court of Human Rights later condemned this practice, marking it as a vital victory for feminist advocates.While the legal change is unlikely to drastically alter judicial outcomes, it serves as an essential clarification of marital obligations and aims to confront the lingering societal assumption that wives owe their husbands sexual consent. The forward-thinking law signifies a progressive shift in marital norms, addressing an outdated belief that has long been embedded in marriage practices.
