France has taken a definitive legislative step to abolish the archaic concept of ‘conjugal rights’ within marriage through a landmark bill approved by the National Assembly on Wednesday. The legislation explicitly clarifies that marriage does not create any obligation for sexual relations between spouses.
The new provision amends France’s civil code to state unequivocally that ‘community of living’—a fundamental principle of French marriage law—does not establish any requirement for sexual intimacy. Additionally, the law prohibits using lack of sexual relations as grounds for fault-based divorce proceedings.
While the practical impact on court proceedings may be limited due to previous European Court of Human Rights rulings, the legislation carries significant symbolic weight. Green MP Marie-Charlotte Garin, who sponsored the bill, argued that preserving any notion of conjugal duty “collectively gives our approval to a system of domination and predation by husband on wife.”
The reform addresses a legal ambiguity that has persisted despite the absence of explicit ‘conjugal duty’ language in French statutes. Historically rooted in medieval church law, the concept has occasionally resurfaced in modern divorce cases where judges broadly interpreted ‘community of living’ to include sexual relations.
This legislative action follows a pivotal 2019 case where the European Court of Human Rights condemned France for permitting refusal of sex as justification for fault-based divorce. The new law aligns French domestic legislation with this international human rights standard.
The reform represents the latest evolution in France’s legal framework regarding sexual consent and marital relations. Since 1990, France has recognized marital rape as a crime, and recent legal enhancements have expanded the definition of rape to emphasize the necessity of clear, ongoing consent—specifically requiring ‘informed, specific, anterior and revocable’ agreement to sexual activity.