She faulted her for refusing to have sex. The European Court disagrees.

The couple was together for almost three decades before divorcing. She blamed his work for affecting their marriage. But in 2019, a French court ruled that she was solely responsible for the breakup, after she refused to have sex with him.

Europe’s highest human rights court on Thursday condemned the ruling, saying the French court’s decision violated women’s right to a private life and independence, including their sexuality. The decision was seen as a milestone by women’s rights activists, who have long raised concerns about marriage laws in France.

The 2019 Versailles Court of Appeal decision said the woman, identified only as a business owner in court documents, was at fault in the divorce after her “intimate relations” with her husband had ceased. The court said her years of refusal to have intimate relations with her husband was a “serious and repeated violation” of her marital duties.

But the European Court of Human Rights, which has said governments have an obligation to combat domestic and sexual violence, ruled on Thursday that “the existence of such marital commitment is incompatible with sexual freedom and the individual’s right to control his body.”

She added: “The court cannot accept, as the government suggests, that consent to marriage means consent to future sexual relations.”

It was a symbolic victory for the woman, who said she should not be found guilty of fault in the divorce. Women’s rights groups described the decision as an essential step to address sexual violence and other forms of abuse against women in relationships.

“H.W,” she said. In a statement through her lawyer, Delphine Zoghbi: “I hope that this decision will mark a turning point in the struggle for women’s rights in France.” “This victory is for all women who, like me, find themselves facing perverse and unfair court rulings that call into question their physical integrity and right to privacy.”

The ruling said that HW and JC, as stated in the documents, lived together outside Paris, were married in 1984 and had four children together. The woman began divorce proceedings in 2012, claiming that her husband’s focus on his career affected their family life, and that he was “emotional, violent and hurtful.”

Her husband had argued before the French court that she was to blame because she had violated her marital duties by refusing sexual intimacy, and that she had defamed him with her accusations.

The woman testified that she refused to have sex because of health problems, including a serious accident and a herniated disc. The French court ruled in his favor.

The French government, which defended itself in the European Court, claimed that the issue of whether marital duty had been violated was a matter for local courts, and noted that French law punishes sexual assault between spouses. Diego Colas, the official who represented the French government in court, did not immediately respond to a request for comment.

“It is clear that we will go in the direction of history and we will amend our law,” said Gerald Darmanin, French Minister of Justice. He told reporters on Thursday. He said he would encourage lawmakers to discuss the matter.

Both parties have three months to refer the case to the Grand Chamber of the European Court, which can consider the case to issue a final ruling. Once this is completed, a committee of representatives of the governments of the Court’s member states will supervise its implementation. The European Court has no enforcement mechanism, but its rulings could prompt countries to reconsider their laws.

In recent months, conversations about consent, rape culture and sexual violence have swept France, prompted by the horrific case in which 51 men were murdered. She was convicted of sexually assaulting Giselle Bellico. Dominic Pellicott, Ms Pellicott’s ex-husband, admitted drugging and raping her for nearly a decade, and inviting dozens of strangers to join him.

Lilia Moheisen, another lawyer representing HW, said the ruling should prevent French courts from interpreting the law in a way that forces women to have sex with their partners. She described this as “a major development for women’s right to control their bodies, including within marriage.”

The Fondation des Femmes, a French women’s rights group, said the ruling brought France “face to face with its responsibilities.” She called on the government to review its judicial practices, adding that feminist groups have warned that the concept of “marital duty” is a form of control and sexual violence.

“Marriage cannot and should never be equated with sexual slavery,” the group said.