A judge has sparked fierce criticism for saying he cant think of a human right more fundamental than a man having sex with his wife.
Mr Justice Hayden made the remarks as he weighed up whether a man can keep making love to his wife who has learning difficulties.
I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife – and the right of the State to monitor that, he said.
I think he is entitled to have it properly argued.
When the comment came to light, Mr Justice Hayden was immediately asked to think a bit harder.
Labour MP Thangam Debbonaire said his remark legitimises misogyny and woman-hatred.
She wrote: No man in the UK has such a legal right to insist on sex. No consent = rape.
Feminist blogger Claire Heuchan added: This is terrifying. Sex is not a human right. Bodily autonomy, however, most definitely is.
And Jess Phillips MP completely rejected the judges notion: It is not a basic human right to have sex with your wife.
It is not even close to a right.
Social services bosses with responsibility for the womans care say there is evidence that her mental health has reached a stage which means that she no longer has the capacity to make decisions about whether she wants to have sex.
They want a judge in the Court of Protection, where issues involving people who lack the mental capacity to make decisions, to consider the case.
Lawyers representing social services bosses have suggested that a judge might have to make an order barring the man from continuing to have sex with his wife in order to ensure that the woman is not raped.
Mr Justice Hayden has considered issues at a preliminary Court of Protection hearing in London.
The judge was told that the man had offered to give an undertaking not to have sex with his wife of 20 years.