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France taken to European Court over divorce ruling that woman had ‘marital duty’ to have sex with husband

A case has been brought against France at the European Court of Human Rights by a woman who lost a divorce case after judges ruled against her because she refused to have sex with her husband.

France taken to European Court over divorce ruling that woman had 'marital duty' to have sex with husband
Photo: Frederick Florin/AFP

The woman, who has not been named, has brought the case with the backing of two French feminist groups, arguing that the French court ruling contravened human rights legislation by “interference in private life” and “violation of physical integrity”.

It comes after a ruling in the Appeals Court in Versailles which pronounced a fault divorce in 2019 because of her refusal to have sex with her husband.

READ ALSO The divorce laws in France that foreigners need to be aware of

The court ruled that the facts of the case “established by the admission of the wife, constitute a serious and renewed violation of the duties and obligations of marriage making intolerable the maintenance of a shared life”.

Feminist groups Fondation des femmes (Women’s Foundation) and Collectif féministe contre le viol (Feminist Collective against Rape) have backed her appeal, deploring the fact that French justice “continues to impose the marital duty” and “thus denying the right of women to consent or not to sexual relations”.

“Marriage is not and should not be a sexual servitude,” the joint statement says, pointing out that in 47 percent of the 94,000 recorded rapes and attempted rapes per year, the aggressor is the spouse or ex-spouse of the victim.

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EUROPE

Brussels warns Italy to rein in public spending amid pandemic

Most EU member states should continue to invest to support the continent's economic recovery, but heavily-indebted Italy should rein in public spending, the European Commission warned on Wednesday.

Italian Prime Minister Mario Draghi
Italian Prime Minister Mario Draghi expects the country's GDP to recover in the coming year. Photo: Alessandra Tarantino / POOL / AFP

“The economy is bouncing back from the recession, driven by a rebound in demand across Europe,” EU executive vice-president Valdis Dombrovskis said.

“But we are not out of the woods yet. The economic outlook remains riddled with uncertainty,” he said, warning that the coronavirus is still spreading, prices are rising and supply chains face disruption.

Despite these unpredictable threats, European officials predict a strong recovery, and want eurozone governments to maintain their “moderately supportive fiscal stance” to support investment.

EXPLAINED: How Italy’s proposed new budget could affect you

Italy, however, remains a worry. Its public debt passed 155 percent of its GDP last year, and Brussels is worried that it is still budgeting to spend too much next year.

“In order to contribute to the pursuit of a prudent fiscal policy, the Commission invites Italy to take the necessary measures within the national budgetary process to limit the growth of nationally financed current expenditure,” the commission report said.

The commission did not say by how much Italy’s spending plans should be reduced, and its recommendation is not binding on the government.

The European Union suspended its fiscal discipline rules last year, allowing eurozone members to boost their public spending to help their economies survive the Covid-19 pandemic.

But the European commissioner for the economy, former Italian prime minister Paolo Gentiloni, said governments should now “gradually pivot fiscal measures towards investments”.

“Policies should be differentiated across the euro area to take into account the state of the recovery and fiscal sustainability,” he said.

“Reducing debt in a growth-friendly manner is not necessarily an oxymoron.”

Italian Prime Minister Mario Draghi, a former European Central Bank chief, has said Italy’s economy is recovering after the pandemic-induced recession.

Draghi forecast economic growth this year of “probably well over six percent” in a statement on October 28th.

Italy’s GDP rate grew by 2.6% in the third quarter of 2021.

While economists don’t expect Italian GDP to bounce back to pre-pandemic levels until 2022, ratings agency Standard & Poor has revised its outlook for Italian debt from stable to positive.

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