Challenging Historical Norms
In an unprecedented decision, the French National Assembly has moved to end the so-called "conjugal rights"—a notion entrenched in marital tradition that suggests a duty to engage in sexual relations within marriage. This proposed law is not merely legal jargon; it symbolizes a significant shift in societal attitudes toward consent and sexuality.
“By allowing such a right or duty to persist, we are collectively giving our approval to a system of domination and predation,” remarked Green MP Marie-Charlotte Garin, the bill's sponsor.
The Legislative Change
Approved on January 28, 2026, the bill amends the French civil code to explicitly state that "community of living" does not create any obligation for sexual relations. By doing so, it aims to eliminate ambiguities that previously allowed sexual obligations to be inferred from marital arrangements. The law also ensures that lack of sexual relations cannot be used as grounds for fault in divorce proceedings.
A Step Towards Cultural Transformation
While some critics might argue that this legal revision will have negligible practical implications in the courtroom, supporters maintain that it sends a powerful message that could deter marital rape and protect individual autonomy. The bill is seen as a forward-thinking response to the outdated perceptions surrounding marital consent. In France, like in many parts of the world, the legacy of such archaic notions often leads to domestic violence and coercive behaviors.
Broader Context
The concept of marital obligation is rooted deeply in historical perspectives that date back to medieval church law. In contemporary society, this idea is not only archaic but dangerous. The European Court of Human Rights (ECHR) had previously condemned France for allowing sexual refusal to serve as grounds for divorce, marking a necessary turning point in the legal treatment of marital relations. This recent legal change aligns with ongoing global discussions around consent and sexual autonomy, echoing similar movements in various jurisdictions worldwide.
Impact on Divorce Proceedings
Historically, judges in divorce cases have occasionally interpreted “community of living” in a way that included sexual relations. A notable case from 2019 exemplified this, where a woman's refusal to engage sexually with her husband led to a fault-based divorce ruling against her. The new law aims to clarify this ambiguous terrain, focusing on dismantling the harmful constructs that endorse male entitlement in sexual relations.
Why This Matters
For advocates of women's rights, this legislative progress marks an important victory in the continued struggle against societal norms that perpetuate the idea that marriage equals consent. Campaigners argue that combating the misconception that wives have a "duty" to comply with their husbands is critical. Such beliefs have facilitated environments where marital rape and coercion may still be misconstrued as acceptable.
A Contemporary Example: The Mazan Trial
The recent Mazan trial, where a woman was assaulted by multiple men—enabled by her husband's claims of consent—shines a stark light on the dangers entrenched in societal attitudes toward marital relationships. Despite legal recognition of marital rape, outdated assumptions linger, reinforcing the need for laws that celebrate individual autonomy and consent.
Changing Definitions of Consent
France has made substantial strides in redefining consent in recent years. As of November 2025, the legal definition of rape has evolved to encompass the necessity of explicit consent—any act performed in the absence of clear, informed agreement is classified as rape. Thus, the current legislative efforts reflect a broader movement toward dismantling the frameworks that have historically allowed gender-based violence to thrive.
Conclusion: A Global Perspective
This proposed law is not an isolated event; it is interwoven with larger global trends that challenge entrenched patriarchal standards. As France moves away from patriarchal legacy, societies worldwide should take notice. The evolution of legal frameworks around marriage and consent is not merely a matter of law but of culture and social conscience. The redefining of marital obligations allows us to reframe our understanding of relationships rooted in mutual respect and partnership rather than obligation.
As we assess the implications of these changes, it becomes clear that while the legislation may seem small, its ripples could engender substantial shifts in how society understands marriage, consent, and individual rights.
Source reference: https://www.bbc.com/news/articles/cgjwxdz45ywo
