Should refusal of sex be grounds for divorce?

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Refusal of Sex Cannot Be Grounds for Divorce, Rules European Court of Human Rights

The European Court of Human Rights (ECHR) has ruled that a spouse's refusal to engage in sexual relations cannot be considered grounds for divorce, stating that such a stance violates a woman's right to respect for private and family life. The court found that French domestic courts had failed to strike a fair balance when granting a divorce to a husband based on his wife's cessation of sexual relations.
Violation of Article 8 Rights

The ECHR determined that a woman's refusal to have sex with her husband should not lead to her being deemed "at fault" by courts in divorce proceedings. This decision stemmed from a violation of Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life. The court emphasized that any notion of marital duties must acknowledge consent as the foundation for sexual relations.
Marital Obligation Versus Bodily Autonomy

The court concluded that the very concept of a marital obligation for sex runs counter to principles of sexual freedom and the fundamental right to bodily autonomy. This ruling effectively asserts that individuals retain control over their own bodies within marriage, and sexual relations cannot be mandated as a legal duty.
Alternative Grounds for Divorce

The ECHR suggested that the husband in this case could have pursued divorce on the grounds of an irretrievable breakdown of the marriage, rather than citing the cessation of sexual relations. The court noted that French domestic courts had not adequately balanced the competing interests at stake when they upheld the divorce on these specific grounds.

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Should refusal of sex be grounds for divorce?

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