Three Reasons Why Iraq’s Recent Legal Amendments Endanger Children’s Rights

Recent amendments to 1959 Iraq’s Personal Status Law have sparked widespread concern, particularly for their impact on child marriage and broader family matters. These changes, which could potentially permit child marriage for girls, not only threaten the rights of girls today but also undermine the futures of the women they will become, perpetuating cycles of inequality, exploitation, and violence. By granting major religious denominations the authority to decide family law matters, including marriage age, divorce, and custody, these amendments represent a significant step backward for children’s and women’s rights in Iraq. These amendments grant religious authorities increased control over family matters, including marriage, divorce, and inheritance, thereby undermining protections for women and girls.

A Fragmented Legal Framework 

The amendments to Iraq’s 1959 Personal Status Law decentralize authority by granting religious denominations the power to control family matters, including marriage, divorce, and inheritance. This shift would create a fragmented legal system where protections for children and women may vary significantly across different communities, making it increasingly challenging to enforce consistent safeguards against harmful practices like child marriage. Rather than addressing existing gaps in the law, the amendments risk exacerbating them, leaving girls and their families more vulnerable to exploitation, abuse, and inequality.

“A unified legal framework is essential for ensuring consistent protections for all children and families,” says Dima Dabbous, Equality Now MENA Representative. “Fragmentation of laws creates loopholes that undermine the welfare of the most vulnerable, particularly girls, and weakens the state’s ability to uphold international human rights commitments.”

Normalizing Child Marriage Under Religious Pretexts

Iraq’s 1959 Personal Status Law was hailed as one of the most progressive in the region for setting the minimum marriage age at 18 with limited exceptions, but these amendments empowered religious authorities to introduce their own faith-based family law. This may undermine any effort to establish a minimum marriage age aligned with international human rights standards. Child marriage perpetuates cycles of poverty, illiteracy, and gender-based violence, trapping girls and their future families in a cycle of disadvantage. 

According to UNICEF, 28% of girls in Iraq are married before the age of 18, and 7% are married before 15. Regional disparities are stark, with Missan (43.5%), Najaf (37.2%), and Karbalah (36.8%) recording the highest rates. 

These amendments to Iraq’s Personal Status Law risk normalizing this harmful practice and rolling back decades of progress. We stand firmly against any reforms that compromise the rights of women and girls. Instead, we call for comprehensive family law reforms prioritizing equality, safety, and justice.

Heightened Risks of Gender-Based Violence 

Child marriage has long been linked to increased risks of gender-based violence, including marital rape and domestic abuse. By sidelining protections against these abuses, the amendments place girls at even greater risk. Moreover, the lack of a unified legal system creates instability within families, as disparate interpretations of the law lead to inconsistencies in the rights and protections afforded to women and children.

According to Aya, a social worker in Iraq who married at the age of 15, “Marriage at a young age subjected me to years of domestic violence. Without strong legal protections, many other girls will face the same fate, perpetuating a cycle that affects generations.”

United Against Child Marriage 

Dr. Dabbous states, “While concerns about child marriage are valid, it is important to clarify that no amendments to Iraq’s family laws have been proposed yet. The amendment passed on 21 January 2025 only grants religious authorities the power to interpret and eventually change the existing law, which has not happened yet. Moreover, on 4 February, the Federal Supreme Court of Iraq suspended this amendment’s implementation due to voting procedure issues. This means there is still hope, and the relentless efforts of civil society organizations are making an impact. Now is the time to push forward and ensure that legal reforms uphold women’s and girls’ rights rather than erode them.”

Equality Now advocates for the minimum age of marriage worldwide to be set at 18, with no exceptions. In Iraq and across the globe, legal frameworks must be aligned with international standards, including, for example, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR), to protect all women and girls from the lifelong impact of child marriage. Ensuring gender equality in family law, including protections from child marriage, is crucial for creating a more just and equitable society.

The international community must stand in solidarity with Iraqi women and girls, urging lawmakers to uphold their human rights commitments. Establishing a unified legal system that prioritizes the safety, education, and autonomy of children and women is essential to breaking the cycle of harm perpetuated by these amendments. 

Equality Now works with partners around the world to address discrimination in family law.  We are a founding Coordination Committee Member and the secretariat of the Global Campaign for Equality in Family Law, currently the secretariat of the Hurra Coalition, which is working to address unequal family laws in the MENA region.