H.W. v. FRANCE - 13805/21 (Pecuniary and non-pecuniary damage - finding of violation sufficent : Fifth Section) French Text [2025] ECHR 27 (23 January 2025)

H.W. v. FRANCE - 13805/21 (Pecuniary and non-pecuniary damage - finding of violation sufficent : Fifth Section) French Text [2025] ECHR 27 (23 January 2025)

The Court held that the reaffirmation of a conjugal duty to have sexual relations and pronouncing divorce for fault on that basis constituted an interference with the applicant's right to respect for private life, sexual autonomy, and bodily integrity under Article 8. The obligation did not sufficiently consider the...

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Citation
[2025] ECHR 27
Parties
Applicant: H. W.; Respondent: France
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8 found; finding of violation constitutes sufficient just satisfaction for non-pecuniary damage; claim for costs rejected for lack of supporting evidence.
Legal Topics
Right to Respect for Private and Family Life, Divorce for Fault, Sexual Autonomy, Obligation of Conjugal Relations, Domestic and Sexual Violence, Margin of Appreciation, Consent in Marriage
Human Rights Law Family Law Civil Law Right to Respect for Private and Family Life Divorce for Fault Sexual Autonomy Obligation of Conjugal Relations Domestic and Sexual Violence +2 more

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Parties

H. W.

Applicant

France

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether pronouncing divorce for fault based on refusal of sexual relations violates Article 8 of the Convention
  2. 2 Whether the obligation of conjugal relations is compatible with sexual autonomy and bodily integrity under the Convention

Ratio Decidendi

The Court held that the reaffirmation of a conjugal duty to have sexual relations and pronouncing divorce for fault on that basis constituted an interference with the applicant's right to respect for private life, sexual autonomy, and bodily integrity under Article 8. The obligation did not sufficiently consider the necessity of consent to sexual relations, was prescriptive regarding sexual conduct, and could have legal and pecuniary consequences. The Court found that such an obligation is contrary to sexual autonomy, the right to bodily integrity, and the State's positive obligations to prevent domestic and sexual violence. The interference was not justified by relevant and sufficient...

Court Disposition

Violation of Article 8 found; finding of violation constitutes sufficient just satisfaction for non-pecuniary damage; claim for costs rejected for lack of supporting evidence.

Orders

  • The finding of a violation constitutes sufficient just satisfaction for any non-pecuniary damage.
  • No award for costs and expenses due to lack of substantiation.