Human Rights Watch (HRW) has expressed strong concerns over the recent amendments to Iraq’s Personal Status Law, arguing that the changes fail to guarantee women’s right to equality and leave them vulnerable to discrimination. Despite some revisions, the amendments, which came into effect on February 17, 2025, continue to allow legal inequalities that undermine international human rights standards.

Background: A Long Struggle for Women’s Rights in Iraq

Iraq’s Personal Status Law has long been a battleground for gender equality advocates. The original law, enacted in 1959, was considered progressive for its time, providing legal protections for women in matters of marriage, divorce, and inheritance. However, over the years, various political and religious influences have eroded these rights, leading to growing concerns among human rights organizations.

In recent years, Iraq has faced intense domestic and international scrutiny over proposed changes to personal status laws, particularly attempts to lower the marriageable age and introduce religious-based legal frameworks that could disproportionately disadvantage women. In 2017, a controversial draft law was introduced that would have allowed child marriage for girls as young as nine, sparking widespread protests and condemnation from rights groups. Though the draft was eventually withdrawn, it signalled a troubling shift in legal reforms.

The latest amendment, while avoiding the extreme provisions of previous proposals, has nonetheless been criticized for maintaining systemic inequalities and failing to fully align with international human rights obligations.

Key Amendments and Human Rights Concerns

1. Choice Between Legal Frameworks and Constitutional Violations

One of the most significant changes in the amended law is that newly married couples can now choose to be governed either by the 1959 Personal Status Law or a newly established Personal Status Code. Critics argue that this creates a dual legal system that effectively allows religious sects to operate under different legal frameworks.

HRW and legal experts warn that this violates Article 14 of the Iraqi Constitution, which guarantees equality before the law, as well as Articles 1 and 2 of the Universal Declaration of Human Rights (UDHR), which prohibit discrimination based on religion. By permitting different personal laws for different religious communities, the amendment weakens the legal protections for women in marriage and family disputes, potentially subjecting them to sectarian judicial interpretations that may not prioritize gender equality.

2. Marriageable Age: Progress with Persistent Loopholes

The revised law sets the minimum legal age of marriage at 18 years, or 15 with judicial approval. While this is an improvement over previous proposals that sought to lower the minimum age to nine for girls, it still falls short of international standards.

Article 16 of the UDHR mandates that marriage should be entered into only by adults, and organizations like UNICEF have consistently advocated for 18 as the global minimum age for marriage. In Iraq, 28 percent of girls are already married before turning 18, a statistic that places them at higher risk of mental and physical abuse. By allowing judicial discretion for marriages involving 15-year-olds, the law enables a loophole that could perpetuate forced and early marriages.

3. Legal Authority Over Marriage Disputes

Another crucial revision in the new law concerns the legal authority in marital disputes. Under the previous framework, husbands had the power to determine which legal regime applied in cases of disagreement. The amendment now grants this discretion to the presiding judge instead.

While this change is seen as a positive step, women’s rights advocates argue that it does not go far enough in securing gender equality in legal proceedings. Judges, who may be influenced by traditional or religious interpretations, could still uphold discriminatory practices unless broader legal protections are established.

The Road Ahead: Challenges and Advocacy

Despite the passage of the amended law, activists remain committed to advocating for stronger legal protections for women. They are urging Iraq’s government to:

• Fully abolish judicial exceptions that allow marriage before 18.

• Establish a single, non-sectarian personal status law applicable to all citizens, regardless of religious affiliation.

• Ensure that judges handling family law cases receive gender-sensitive training to prevent discriminatory rulings.

• Strengthen legal measures to protect women from forced and underage marriages.

The fight for women’s equality in Iraq remains an ongoing struggle. While the latest amendments reflect some progress, they also highlight the deep-rooted challenges that continue to hinder gender justice in the country. Without further reforms, women and girls in Iraq will remain vulnerable to legal discrimination and societal pressures that limit their rights and freedoms.

 

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels