In Iraq, a concerning legislative amendment is threatening the rights of children and women. The proposed amendment to the Personal Status Law is designed to legitimise religious marriages, opening the door to child marriages as young as nine years old. Not only does this amendment undermine progress made towards gender equality, but it also places the health, education and legal protections of girls and young women at serious risk. The implications of this amendment are profound and underline the urgent need for reforms which prioritise the rights and well-being of Iraq’s most vulnerable groups.
The Iraqi’s Personal Status Law
Under the current legislation in Iraq, the Personal Status Act (‘PSA’) and its 1959 amendments, commonly known as Act 188, the statutory minimum age for marriage is set at 18, notwithstanding the fact that individuals may marry as young as 15 with the approval of a judge, as stated in articles 7 and 8. The Act regulates overall marriage, divorce, child custody and inheritance (Girls Not Brides, 2024; Atlantic Council, 2024).
The Iraqi law of 1959 was strongly influenced by the Iraqi Women’s League and was considered one of the most progressive laws in the region. Regarded among the most liberal in the Middle East, it transferred jurisdiction on family matters from the religious authorities to the State and its judicial system (Time, 2024; Le Monde, 2024). Iraq attempted to amend this law as early as the 1960s, and repeated, failed, attempts were made in the decades that followed, notably the most recent being in 2014 and 2017 (Time, 2024; Atlantic Council, 2024).
The rates of child marriage in Iraq
Despite the fact that Iraq has banned marriage under the age of 18 since the 1950s, it remains one of the countries with the highest rates of underage marriage in the world, with 7% of girls married before the age of 15 (The Guardian, 2024). Moreover, child marriage rates are on the rise, with a staggering 28% of Iraqi girls being married before the legal age of 18. In addition, 22% of unregistered marriages in Iraq involve girls under the age of fourteen, with many of these girls exploiting shortcomings in the legal system (Atlantic Council, 2024; Girls Not Brides, 2024; Human Rights Watch, 2024).
The proposed amendment’s implications
The Iraqi parliament, mostly composed of conservative Islamist parties, completed its first reading of the bill on the 4th of August 2024, and will have “two more readings of the bill and a debate before deciding whether to vote it into law” (Atlantic Council, 2024; Human Rights Watch, 2024).
Indeed, the Iraqi parliament is now seeking an amendment to the Personal Status Law that would empower Iraq’s religious authorities, rather than the State, to regulate family matters, including marriage and inheritance (Human Rights Watch, 2024; Girls Not Brides, 2024). The revised PSA would permit families to choose whether to administer the marriage according to the current 1959 law or according to sectarian interpretations.
If the family decides on a sectarian interpretation, they will have to decide between the Sunni and Shia legal systems. There are significant concerns about this, as religious interpretations differ widely and delegating such an authority to religious law would have severe consequences.
Most worryingly, it would effectively reduce the age of marriage for girls to 9 years old (Atlantic Council, 2024; Girls Not Brides, 2024). In addition, the amendment fails to adequately address the lack of enforcement of existing laws and the impunity of religious leaders.
As such, the draft law would breach the Convention on the Rights of the Child, ratified by Iraq in 1994, in legalising child marriage, exposing girls to the risk of forced and early marriage. It would further be in breach of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), ratified by Iraq in 1986, depriving women and girls of their rights on the basis of their gender. It would also violate the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights by depriving certain person of their rights on the basis of religion (Human Rights Watch, 2024; UNDP, 2018).
Severe impacts of proposed law on girls’ and women’s rights in Iraq
The severe consequences for girls’ and women’s rights extend to their fundamental rights to life, health, education and protection.
Gender inequality
The adoption of this amendment represents a deeply disconcerting retrograde step in the protection of children’s rights and gender equality. By legalising child marriage as early as the age of nine years old for girls, Iraq not only endangers the rights and well-being of countless girls, but it also threatens to sabotage its own progression toward a more equal and inclusive society (Atlantic Council, 2024).
Denial of civil rights
Non-court registered marriages deny girls access to civil rights such as inheritance and child custody, rendering them more vulnerable and deprived of any legal safeguards. In the absence of any official documents, women and girls are more exposed to exploitation, abuse and neglect, and their access to justice is restricted (Atlantic Council, 2024).
Restriction of access to health services
Without a civil marriage certificate, women and girls are not allowed to give birth in hospitals and are forced to give birth with poor health services and limited access to emergency obstetric services. This situation increases the risk of “life-threatening medical complications for both mother and baby” (Human Rights Watch, 2024).
Loss of certain inheritance rights and protections during divorce
Under the existing law, daughters inherit a smaller proportion of their parents’ estate than their male siblings. However, according to certain religious rules, daughters would inherit an even smaller proportion, and if the family does not have a son to inherit the estate, it would be transferred to the State (Human Rights Watch, 2024). Furthermore, without a legal recognition of a marriage contract, women will have limited access to financial support or alimony in the event of divorce, which would perpetuate gender inequality, cycles of poverty and dependency (Human Rights Watch, 2024; Atlantic Council, 2024).
The uproar from civil society over this setback for gender equality
Iraqi women always played “an active role in the political and economic development of Iraq” (Human Rights Watch, 2003). Women have continuously fought against patriarchal norms embedded in Iraq’s legal system and a robust civil society has existed ever since (Human Rights Watch, 2024). Indeed, numerous civil society and women’s groups mobilised against the law and demonstrated it across the country.
There are also more than 15 women parliamentarians from different parties who have formed a coalition to oppose its adoption (Time, 2024; Human Rights Watch, 2024; Middle East Eye, 2024). Overall, protests occurred in Baghdad, Basra, Dhi Qar, Babil, Diwaniyah, Kirkuk and Najaf against the proposed amendment (Middle East Eye, 2024).
“We urge policymakers to reject these proposals and instead focus on strengthening protections for women and children.”
– Tamara Amir, CEO of the Iraqi Women’s Rights Platform
Child marriage is a persistent problem, threatening the rights, autonomy and opportunities of an additional 12 million girls every year. Civil society organisations play a vital role in examining how States are meeting their human rights obligations, keeping them in check, and in promoting better implementation of human rights legislation (Girls Not Brides, 2024).
The imperative of placing girls’ interests at the heart of all considerations
The Iraqi government must ensure that the interests of women and children are placed at the centre of deliberations and the decision-making processand and undertake legal and policy initiatives to end child marriage in accordance with the standards of international law, by enforcing existing laws against child marriage and further enhancing legal protections afforded to women and girls (Girls Not Brides, 2024; UN Assistance Mission for Iraq & UN Human Rights Council, 2024).
Currently Iraq is under review by the Committee on the Rights of the Child, the Committee on the Elimination of All Forms of Discrimination against Women. CSOs and governments must contribute to these reviews by ensuring that child marriage is on the agenda and by urging Iraq to take all legal and policy measures to end child marriage as a matter of priority (Girls Not Brides, 2024). In addition, international organisations and NGOs have a crucial role in contributing their support and resources to educational programmes and legal reforms channelled through local civil society, in order to ensure that children and women can effectively enjoy their fundamental rights.
Humanium, as a child-right organization actively conducting numerous projects worldwide, remains committed to raise awareness about eliminating child marriage and to safeguard children’ human rights to health, protection, and education. If you want to contribute to Humanium’s specific causes to improve children’s lives, please consider making a donation, volunteering or becoming a member.
Written by Moïra Phuöng Van de Poël
Bibliography:
Amnesty International (2024, October 10). Iraq: Reject changes to Personal Status Law which would allow child marriage and further entrench discrimination. Retrieved from Amnesty International at https://www.amnesty.org/en/latest/news/2024/10/iraq-reject-changes-to-personal-status-law-which-would-allow-child-marriage-and-further-entrench-discrimination/, accessed in October 2024.
Atlantic Council (2024, September 5). Iraq’s new family law amendment could potentially legalize child marriage—and fracture the country. Retrieved from Atlantic Council at https://www.atlanticcouncil.org/blogs/menasource/iraq-family-law-child-marriage/#:~:text=Alarmingly%2C%20the%20Iraqi%20parliament%20recently,thereby%20further%20restricting%20women’s%20rights, accessed in October 2024.
Girls Not Brides (2024, August 2024). Iraq: New draft bill could allow girls as young as 9 years old to get married. Retrieved from Girls Not Brides at https://www.girlsnotbrides.org/articles/iraq-new-draft-bill-could-allow-girls-as-young-as-9-years-old-to-get-married/, accessed in October 2024.
Girls Not Brides (2024, April 16). Leveraging United Nations human rights mechanisms to end child marriage: A step-by-step toolkit for civil society organisations. Retrieved from Girls Not Brides at https://www.girlsnotbrides.org/learning-resources/resource-centre/leveraging-united-nations-human-rights-mechanisms-end-child-marriage-toolkit/#resource-downloads, accessed in October 2024.
Human Rights Watch (2003, July). Background on Women’s Status in Iraq Prior to the Fall of the Saddam Hussein Government. Retrieved from Human Rights Watch at https://www.hrw.org/legacy/backgrounder/wrd/iraq-women.pdf, accessed in October 2024.
Human Rights Watch (2024). Iraq Events of 2023. Retrieved from Human Rights Watch at https://www.hrw.org/world-report/2024/country-chapters/iraq#49dda6, accessed in October 2024.
Human Rights Watch (2024, August 16). Iraq: Parliament Poised to Legalize Child Marriage. Retrieved from Human Rights Watch at https://www.hrw.org/news/2024/08/16/iraq-parliament-poised-legalize-child-marriage, accessed in October 2024.
Le Monde (2024, August 24). In Iraq, a bill could legalize child marriage. Retrieved from Le Monde at https://www.lemonde.fr/en/international/article/2024/08/14/in-iraq-a-bill-could-legalize-child-marriage_6715073_4.html, accessed in October 2024.
Middle East Eye (2024, August 9). Protests across Iraq against ‘sectarian’ law that may allow child marriage. Retrieved from Middle East Eye at https://www.middleeasteye.net/news/protests-iraq-law-sectarian-allow-child-marriage-may, accessed in October 2024.
Middle East Eye (2024, August 6). Women in Iraq condemn ‘sectarian’ draft bill that could legitimise child marriage. Retrieved from Middle East Eye at https://www.middleeasteye.net/news/iraq-women-campaigners-condemn-amendments-could-see-children-married, accessed in October 2024.
The Guardian (2024, August 9). Draft Iraqi law allowing 9-year-olds to marry would ‘legalise child rape’, say activists. Retrieved from The Guardian at https://www.theguardian.com/global-development/article/2024/aug/09/proposed-iraqi-law-change-would-legalise-child-say-activists, accessed in October 2024.
Time (2024, August 16). Proposed Bill Amendment in Iraq Could Allow Girls as Young as 9 to Marry. What to Know. Retrieved from Time at https://time.com/7011752/proposed-bill-amendment-iraq-could-allow-girls-as-young-as-nine-to-marry/, accessed in October 2024.
UN Assistance Mission for Iraq & UN Human Rights Council (2024, September 24). Proposed amendments to Iraq’s Personal Status Law risk eroding rights of women and children: UN experts. Retrieved from UN Assistance Mission for Iraq & UN Human Rights Council at https://reliefweb.int/report/iraq/proposed-amendments-iraqs-personal-status-law-risk-eroding-rights-women-and-children-un-experts-enar, accessed in October 2024.
UNDP (2018). IRAQ Gender Justice & The Law. Retrieved from UNDP at https://arabstates.unfpa.org/sites/default/files/pub-pdf/Iraq%20Country%20Assessment%20-%20English_0.pdf, accessed in October 2024.
