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This case evaluates the interplay between conjugal obligations and individual rights under European human rights law.

April 26, 2026Open Access

Between Conjugal Duty and Sexual Freedom: The European Court of Human Rights Breaks the Taboo in HW v France

Key Points

This case evaluates the interplay between conjugal obligations and individual rights under European human rights law.
Analyzed legal frameworks regarding divorce in relation to privacy rights under the European Convention.
Considered the implications of fault-based divorce decrees on sexual relations within marriage.
Determined that a spouse's refusal to engage in sexual relations can impact divorce proceedings.
Highlighted potential conflicts between civil liability in marriage and the right to private life under the Convention.

Abstract

The case of HW v France, 1 decided by the European Court of Human Rights (hereinafter the Court) on 23 January 2025, raises major questions regarding the relationship between the right to respect for private life and conjugal obligations under French law.It directly challenges the compatibility of a fault-based divorce decree, grounded in the refusal to engage in sexual relations, with Article 8 of the European Convention on Human Rights (hereinafter the Convention), which guarantees to everyone the right to respect for private and family life.At the heart of the dispute lies a highly sensitive and essential question: can the refusal to have sexual relations with one's spouse be deemed a civil fault justifying a divorce at the exclusive fault of one party, without infringing the fundamental rights protected by the Convention, in particular the right to respect for private life?In other words, does marriage constitute a framework within which spouses retain full sexual autonomy, or rather a space in which certain implicit obligations continue European Constitutional Law Review, page 1 of 16, 2026

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