Legal amendments in Iraq threaten the rights of women and girls 

By Dr. Dima Dabbous, Equality Now’s representative in the Middle East and North Africa 

Beirut, Lebanon, February 11, 2025: Efforts to end child marriage in Iraq are facing a serious threat, with the Iraqi Council of Representatives’ approval of amendments to Iraq’s Personal Status Law raising grave concerns that it risks permitting child marriage for girls. 

These legal amendments would grant religious authorities in Iraq greater control over family matters such as marriage, divorce, inheritance, and the care of children by allowing clerics in Islamic Courts to rule on these in accordance with the clerics’ interpretations of Islamic law. This includes permitting the marriage of minors according to the specific religious sect under which the marriage contract is conducted, meaning that the minimum age of marriage could be lowered below 18, and could vary between different religious denominations.

If this goes ahead, it would be a profound violation of human rights and risks undermining legal protections for women and girls, in direct contravention of international human rights commitments, including the Convention on the Rights of the Child, to which Iraq is a signatory. 

It is important to note that these changes have not yet been made to Iraq’s personal status law. The amendment passed by the Iraqi Council of Representatives on January 21, 2025, only granted religious authorities the ability to interpret and potentially modify the law, but the alterations have not been implemented yet. 

On February 4, Iraq’s Federal Supreme Court suspended implementation of the controversial bill after a number of members of parliament filed a complaint on the grounds that the voting process was illegal. This provides a crucial opportunity for continued advocacy, with the persistent efforts of civil society organizations already having a positive impact. Now is a critical moment to join together in action to help safeguard and strengthen the rights of women and girls in Iraq, and prevent their fundamental human rights from being further eroded.

Child marriage puts girls at greater risk of harm

If the amendment is implemented, it could end a ban on the marriage of children under the age of 18 that has been in place In Iraq since 1959 – although this did include a provision allowing a child to be married with a judge’s consent.

In 2022, UNICEF reported that 28% of girls in Iraq were married under the age of 18, and 7% were married before they turned 15. Child marriage rates vary across different Iraqi regions, with the highest prevalence found in Missan (43.5%), Najaf (37.2%), and Karbalah (36.8%). 

Legalizing child marriage under any pretext sets a dangerous precedent. It is not a cultural or religious necessity but a harmful practice that perpetuates cycles of poverty, illiteracy, and gender-based violence. Marrying girls while they are still children puts them at greater risk of exploitation and is associated with higher rates of early and forced pregnancy, physical and sexual abuse, psychological trauma, and limited access to education, employment, and financial independence. 

Women and girls need greater protection in personal status laws

Personal status laws govern some of the most intimate aspects of family relationships, such as marriage, divorce, child custody, inheritance, and property ownership. In many countries, these laws are deeply rooted in discriminatory traditions that prioritize the rights of men and boys over women and girls. As a result, women and girls in Iraq, and in many other countries, continue to face significant challenges due to sex discrimination written into personal status laws.

Reforming this type of legislation has proved to be one of the most intractable areas of legal change because laws governing family relationships are deeply intertwined with beliefs about religion, tradition, and culture. 

The weakening of legal protections for women and girls in Iraq reflects a disturbing global trend. Around the world, efforts to roll back laws that protect women’s and girls’ rights are gaining momentum, putting millions at risk of child and forced marriage, sexual and gender-based violence, and forced pregnancy due to curtailed access to reproductive healthcare. 

Collaborating to protect women’s and girls’ legal rights

The proposed amendments to Iraq’s Personal Status Law threaten to normalize harmful practices like child marriage, potentially undermining decades of progressive reform that established greater safeguards for women and girls and helped unify the country’s family law provisions. 

As the United Nations in Iraq has highlighted in its statement released in response to recent developments, legal reforms must “align with Iraq’s international human rights commitments, particularly in relation to safeguarding the rights and well-being of women and children, in a way that meets the aspirations of the Iraqi people and preserves the country’s historic achievements and gains.”

Women’s rights supporters are united in opposition to harmful legal reforms that endanger the rights of women and girls across the Middle East and North Africa (MENA). Local advocates in Iraq are collaborating alongside leading MENA women’s rights organizations as part of the Hurra Coalition, which seeks to reform family laws at national and regional levels in compliance with international human rights standards. Through evidence-based advocacy and survivor-centered approaches, Hurra Coalition members are building a regional movement to protect girls’ rights within the family, their safety, and autonomy over their futures.

This includes calling for comprehensive family law reforms that uphold and advance equality, ensure safety, and guarantee access to justice for all, without discrimination. We urge the global community to support the human rights of Iraqi women and girls by amplifying advocacy and promoting their protection. Governments, lawmakers, and global institutions must stand firm in upholding the legal rights of women and girls to safeguard them from harm in Iraq and in all countries around the world.

First published by IPS News