Iraq: Reject changes to Personal Status Law which would allow child marriage and further entrench discrimination

Background

Iraqi lawmakers must drop amendments to the Personal Status Law, which would violate women and girls’ rights, further entrench discrimination and could allow for girls as young as nine to be married, Amnesty International said today, ahead of an imminent parliamentary vote on the changes.

“Iraqi lawmakers must heed the warnings of civil society and women’s rights groups on the devastating impact of these amendments, which would eliminate the current legal marriage age of 18 for both girls and boys, paving the way for child marriages, as well as stripping women and girls of protections regarding divorce and inheritance, said Razaw Salihy, Amnesty International’s Iraq researcher.

“Not only does child marriage deprive girls of their education, but married girls are more vulnerable to sexual and physical abuse, and health risks related to early pregnancy. It is alarming that these amendments to the Personal Status Law are being pushed so vehemently when completely different urgent legal reforms are needed to protect Iraqi women and girls’ rights.

“Iraq’s parliament must reject these harmful proposed amendments and instead focus their efforts on addressing woeful shortcomings in the Penal Code, which permits ‘honour’ as a mitigating factor for the killings of women and girls and allows for the corporal punishment of the wife and children by the husband, as well as failing to criminalize marital rape.”

Current Personal Status Law

The current Personal Status Law applies to all Iraqis irrespective of their religion. The proposed amendments would grant religious councils of the Sunni and Shia sects of Islam in Iraq the authority to develop their own “code of Sharia rulings on personal status matters” within six months of the law being passed, effectively threatening women’s and girls’ rights and their equality before the law.

The amendments would also open the door to legalizing unregistered marriages, which are often used to circumvent child marriage laws, and removing penalties for adult men who enter such marriages and clerics who conduct them. It would also remove critical protections for divorced women, such as the right to remain in the marital home or receive financial support from the former husband.

“The amendments violate international treaties that Iraq has ratified, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC). Ensuring the safety, dignity and rights of women and girls is not only a state obligation under international human rights law but also a moral imperative that all Iraqi institutions must uphold,” said Razaw Salihy.

Parliamentary Process

The first reading of the bill took place on 4 August 2024. Similar amendments were proposed in 2014 and 2017 but failed to pass due to nationwide outcry. On 3 September 2024, Iraq’s parliament attempted to hold a second reading of the draft bill but opposing MPs had waged a boycott campaign that succeeded in breaking quorum.

The second reading of the bill took place on 16 September with women MPs and opponents of the bill raising concerns that none of their recommendations had been taken into account, nor an amended draft shared. On 17 September, the Iraqi Federal Supreme Court ruled that the amendments were aligned with Iraq’s constitution.

SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 5: Gender Equality

The issues highlighted in the article are directly connected to SDG 5, which aims to achieve gender equality and empower all women and girls. The proposed amendments to the Personal Status Law in Iraq would violate women and girls’ rights, further entrench discrimination, and potentially allow for child marriages. These issues directly relate to the goal of achieving gender equality and eliminating harmful practices against women and girls.

SDG 16: Peace, Justice, and Strong Institutions

The issues discussed in the article also connect to SDG 16, which focuses on promoting peace, justice, and strong institutions. The article mentions the need to address shortcomings in the Penal Code, which permits “honour” as a mitigating factor for the killings of women and girls and allows for the corporal punishment of the wife and children by the husband. These issues highlight the importance of ending violence and ensuring equal access to justice for all.

2. What specific targets under those SDGs can be identified based on the article’s content?

Target 5.3: Eliminate all harmful practices, such as child, early, and forced marriage

The proposed amendments to the Personal Status Law in Iraq could potentially allow for girls as young as nine to be married, which would violate the target of eliminating child, early, and forced marriage.

Target 5.4: Recognize and value unpaid care and domestic work through the provision of public services, infrastructure, and social protection policies

The article mentions that child marriage deprives girls of their education and makes them more vulnerable to abuse and health risks related to early pregnancy. This highlights the need to recognize and value the unpaid care and domestic work performed by women and girls and provide them with the necessary support and protection.

Target 16.1: Significantly reduce all forms of violence and related death rates everywhere

The article mentions the need to address shortcomings in the Penal Code, which allows for violence against women and girls. This highlights the target of reducing all forms of violence and related death rates everywhere.

Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children

The proposed amendments to the Personal Status Law could potentially lead to an increase in child marriages and expose girls to abuse and exploitation. This relates to the target of ending abuse, exploitation, trafficking, and all forms of violence against and torture of children.

Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all

The article mentions the need to address shortcomings in the Penal Code and ensure equal access to justice for women and girls. This aligns with the target of promoting the rule of law and ensuring equal access to justice for all.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

The article does not explicitly mention any indicators that can be used to measure progress towards the identified targets. However, the following indicators can be relevant:

– Indicator 5.3.1: Proportion of women aged 20-24 years who were married or in a union before age 18. This indicator can measure progress towards the target of eliminating child, early, and forced marriage.
– Indicator 5.4.1: Proportion of time spent on unpaid domestic and care work, by sex, age, and location. This indicator can measure progress towards the target of recognizing and valuing unpaid care and domestic work.
– Indicator 16.1.3: Proportion of population subjected to physical, psychological, or sexual violence in the previous 12 months. This indicator can measure progress towards the target of reducing all forms of violence and related death rates.
– Indicator 16.2.3: Proportion of young women and men aged 18-29 years who experienced sexual violence by age 18. This indicator can measure progress towards the target of ending abuse, exploitation, trafficking, and all forms of violence against and torture of children.
– Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms. This indicator can measure progress towards the target of promoting the rule of law and ensuring equal access to justice for all.

4. SDGs, Targets, and Indicators

Source: amnesty.org