France is set to legally abolish the notion of 'conjugal rights'—the idea that marriage entails a duty to have sex—according to a bill recently approved by the National Assembly. The new legislation will add a clause to the French civil code stating that a 'community of living' does not create an 'obligation for sexual relations.' Additionally, it will eliminate the ability to use a lack of sexual relations as grounds for fault-based divorces.

Supporters of the bill hope it will help prevent marital rape, with Green MP Marie-Charlotte Garin articulating that allowing the concept of a marital duty to persist legitimizes a system where domination and exploitation can occur. The law aims to clarify existing ambiguities in legal texts that have historically allowed a broad interpretation of the 'community of living' to include sexual relations, despite explicit mention of 'conjugal rights' being absent in the law.

Currently, the French civil code outlines marriage duties as encompassing respect, fidelity, support, and assistance but does not mention sexual obligations. The move follows a prominent case that highlighted the implications of sexual non-consent in marriage, leading to intervention by the European Court of Human Rights which condemned the use of lack of sexual relations in divorce cases as unjust.

Campaigners assert that the prevailing perception of marital consent reflects outdated societal attitudes, which must be challenged. With this legislative change, France aims to advance personal autonomy within marriages and align its legal framework with contemporary understandings of consent, especially in the wake of increasing awareness surrounding issues of marital rape and sexual autonomy.