Advertisement

French lawmakers back bill to end 'marital duty'

AFP
AFP - news@thelocal.fr
French lawmakers back bill to end 'marital duty'
The National Assembly in Paris. (Photo by Alain JOCARD / AFP)

French lawmakers on Wednesday unanimously approved a bill seeking to end "marital duty", after criticism from women's rights groups about its use to ignore sexual consent in marriage and marital rape.

The text - backed by more than 120 MPs in the lower house National Assembly - clarifies in the civil code that cohabitation does not create any obligation for spouses to have sexual relations.

The cross-party bill will now have to go through the Senate upper chamber.

The French civil code lists four duties attached to marriage - fidelity, support, assistance and cohabitation - but it does not mention sexual obligation.

However, older court rulings sometimes interpreted cohabitation as implying a "shared bed", allowing the idea of a "marital duty" to persist in practice.

Advertisement

In 2019, a man obtained a divorce in France on the grounds that his wife had stopped having sex with him.

Last year, Europe's top rights court ruled in favour of his ex-wife, saying a woman who refuses to have sex with her husband should not be considered "at fault" by courts in the event of divorce.

France last year adopted the principle of consent into the definition of the crime of rape, following other European countries like the Netherlands, Spain and Sweden.

More

Comments (1)

Join the conversation in our comments section below. Share your own views and experience and if you have a question or suggestion for our journalists then email us at news@thelocal.fr.
Please keep comments civil, constructive and on topic – and make sure to read our terms of use before getting involved.

Please log in to leave a comment.

All comments 1
Sort by
Donald Hanson
This begs the question: how to divorce someone who won't have sex with you? Just as no one should be "required" to have sex with anyone else, no one should be required to forgo sex for the rest of their life. But, France does have no-fault divorce, and both parties don't have to agree. In an at-fault divorce, the at-fault spouse gets a lesser settlement. The ruling makes sense, as to desire your spouse is no more an obligation than it is to do the needed to be desirable.

See Also