French lawmakers have unanimously voted in favor of a bill aimed at clarifying the concept of marital duty, amid growing criticism from women's rights groups about its potential to perpetuate non-consensual sex within marriage. The proposed legislation, backed by over 120 MPs, would ensure that cohabitation does not obligate spouses to engage in sexual relations without explicit consent.
The French civil code currently lists four duties tied to marriage: fidelity, support, assistance, and cohabitation. However, these provisions do not explicitly mention the obligation for spouses to have sex together. A critical court ruling from 2019 highlighted this ambiguity when a man successfully secured a divorce on the grounds that his wife had stopped having sex with him.
However, recent precedents suggest that some judges in France may have interpreted cohabitation as implying a shared bed, potentially leading to the notion of "marital duty." Last year, Europe's top human rights court ruled in favor of an ex-wife who claimed her husband was not at fault for their divorce when she refused sex.
Building on these developments, France has recently incorporated consent into its definition of rape, aligning with other European countries such as the Netherlands, Spain, and Sweden. This new bill now needs to pass through the Senate before becoming law, aiming to provide a clearer framework for understanding marital duty and ensuring that both parties' consents are respected.
The French civil code currently lists four duties tied to marriage: fidelity, support, assistance, and cohabitation. However, these provisions do not explicitly mention the obligation for spouses to have sex together. A critical court ruling from 2019 highlighted this ambiguity when a man successfully secured a divorce on the grounds that his wife had stopped having sex with him.
However, recent precedents suggest that some judges in France may have interpreted cohabitation as implying a shared bed, potentially leading to the notion of "marital duty." Last year, Europe's top human rights court ruled in favor of an ex-wife who claimed her husband was not at fault for their divorce when she refused sex.
Building on these developments, France has recently incorporated consent into its definition of rape, aligning with other European countries such as the Netherlands, Spain, and Sweden. This new bill now needs to pass through the Senate before becoming law, aiming to provide a clearer framework for understanding marital duty and ensuring that both parties' consents are respected.