Iraq to legalize underage marriage of girls in new amendment

The International Human Rights Observer (IHRO) expresses its deep concern and strong condemnation of the proposed amendment to Iraq’s Personal Status Law, which threatens to undermine the rights and well-being of women and children across the country. The proposal, which could permit girls as young as nine to be married, has sparked widespread protests in Tahrir Square, central Baghdad, and raised alarm among activists, legal experts, and the broader public.

IHRO stands firmly against any legislation that legalizes child marriages or allows sectarian laws to dictate personal status matters. Such amendments not only contravene the principles of human rights but also jeopardize Iraq’s international commitments, including the Convention on the Rights of the Child. The proposed changes risk empowering religious clerics over civil courts, further entrenching sectarian divisions in a nation already grappling with the consequences of such divides.

The current Personal Status Law in Iraq, widely regarded as one of the most protective of women’s rights in the Middle East, establishes the legal marriage age at 18 for both men and women. It also provides essential protections for women, particularly in cases of abuse or neglect. The proposed amendments, however, would erode these protections, enabling Shiite and Sunni endowments to govern marriages according to sectarian laws, including the Ja’fari law, which permits the marriage of girls as young as nine and boys at fifteen.

IHRO joins hands with the coalition of over 15 female MPs who have united to oppose this regressive draft bill. We commend their efforts to advocate for a more inclusive and protective legal framework that prioritizes the rights of women and children over sectarian interests. This coalition, representing diverse political backgrounds, is a beacon of hope in the fight against this detrimental proposal.

IHRO echoes the sentiments of human rights defenders like Hassan Wahhab, who call on the Iraqi parliament to engage with experts and prioritize the protection of women and children’s rights. We urge the Iraqi government to reject this amendment and uphold the principles of equality, justice, and human dignity.

This proposed law is not merely a legal amendment; it is a step backward for Iraqi society, one that could compromise the future of its families and deepen existing sectarian divides. IHRO remains committed to standing with the people of Iraq in defending their rights and ensuring that the voices of women and children are heard and respected. We call on the international community to join us in condemning this proposal and advocating for the preservation of human rights in Iraq.