In a landmark move for gender equality and human rights, French lawmakers have taken decisive action to eliminate a long-standing legal concept that has been criticized for violating women's autonomy. On Wednesday, January 28, the National Assembly unanimously approved a groundbreaking bill aimed at ending the notion of "marital duty" within marriage.
Addressing Historical Injustices
The legislation comes after sustained pressure from women's rights organizations and activists who argued that the traditional interpretation of marital obligations undermined fundamental principles of sexual consent. For years, these groups highlighted how the persistence of "marital duty" in practice created an environment that could enable and excuse marital rape within relationships.
Clarifying Legal Obligations
The newly approved text, which received backing from more than 120 members of parliament in the lower house, makes explicit clarification in the French civil code. It states unequivocally that cohabitation between spouses does not create any obligation for them to engage in sexual relations. This represents a significant departure from previous interpretations that had allowed problematic notions to persist.
The French civil code has traditionally listed four primary duties attached to marriage: fidelity, support, assistance, and cohabitation. Notably absent from this list has been any mention of sexual obligation. However, historical court rulings sometimes interpreted the cohabitation requirement as implying a "shared bed," allowing the outdated idea of "marital duty" to maintain practical influence in legal proceedings.
Recent Legal Precedents
The urgency of this legislative change was underscored by several recent legal cases. In 2019, a French man successfully obtained a divorce on the grounds that his wife had ceased having sexual relations with him. This case highlighted how the concept of marital duty continued to affect judicial outcomes.
However, in a significant reversal last year, Europe's top human rights court ruled in favor of the ex-wife from that case. The European Court of Human Rights declared that a woman who refuses to have sex with her husband should not be considered "at fault" by courts during divorce proceedings. This ruling provided important momentum for the legislative changes now underway in France.
Aligning with European Standards
France's move represents part of a broader European trend toward strengthening legal protections around sexual consent. Last year, the country adopted the principle of consent into the legal definition of rape, following similar reforms implemented by other European nations including the Netherlands, Spain, and Sweden.
Legislative Process Continues
The cross-party bill, which received unanimous support in the National Assembly, must now proceed through the Senate upper chamber for final approval before becoming law. This legislative journey reflects growing recognition across the political spectrum that marital relationships must be founded on mutual respect and consent rather than outdated obligations.
This development marks a significant step forward in protecting women's rights within marriage and ensuring that French law reflects contemporary understanding of sexual autonomy and consent. By explicitly rejecting the concept of marital duty, France joins other progressive nations in affirming that sexual relations within marriage, like all sexual relations, require clear and ongoing consent from all parties involved.
