VIOLENCE AGAINST WOMEN | MIDDLE EAST | ADVOCACY & POLICY
Iraq’s Draft Child Marriage Law: A Step Backward for Women’s Rights
WORDS BY AUDREY LEUNG | A.LEUNG@THEIWI.ORG | 3 SEPTEMBER 2024
In a disturbing move that has shocked human rights advocates worldwide, Iraq’s parliament has proposed a law that would legalize child marriage, allowing girls as young as nine to be wed. This proposal has ignited widespread protests across the country and drawn international condemnation, with critics arguing that the law would not only erode women's rights but also set a dangerous precedent for child protection in the region.
Historical Context and Current Legal Framework
Iraq’s legal framework around marriage has been relatively progressive compared to its neighbours in the Middle East. The 1959 Personal Status Law, one of the most advanced laws in the region at the time, set the legal marriage age at 18, with provisions allowing girls as young as 15 to marry under specific circumstances. The law marked a significant departure from religious control over family matters, shifting authority to the state and thus protecting the rights of women and girls.
However, the proposed law threatens to reverse these gains. The new legislation would amend the 1959 Personal Status Law, granting religious authorities control over family matters, including marriage, divorce, and child custody. This shift would effectively allow religious interpretations to dictate the legal age of marriage, enabling the marriage of girls as young as nine.
The Driving Forces Behind the Proposal
The push for this law is largely driven by Shia religious groups that have sought to curtail women’s rights in Iraq for over a decade. Since 2021, Iraq’s political landscape has been dominated by the Coordination Framework, a coalition of Iran-aligned factions that have been instrumental in enacting several Sharia-based laws. These groups argue that the law aligns with Islamic principles, but opponents see it as a blatant attempt to impose regressive religious norms on the entire population, undermining the rights of women and girls.
The law is currently under discussion in the Iraqi parliament and has already passed its first reading. Despite fierce opposition from women’s rights activists and some lawmakers, the bill has significant support from powerful Shia blocs, making its passage a real possibility.
The Impact on Women and Girls
If enacted, the law would have devastating consequences for women and girls in Iraq. Child marriage is a violation of human rights, robbing young girls of their childhood and condemning them to a life of poverty, limited education, and poor health. Girls who marry young are more likely to drop out of school, experience domestic violence, and suffer complications during pregnancy and childbirth.
According to a UNICEF report, 28% of girls in Iraq are married before the age of 18, with 7% married before the age of 15. The proposed law would only exacerbate this problem, legitimizing and increasing the prevalence of child marriage across the country.
In Iraq’s most vulnerable communities, the situation is even more dire. In governorates like Missan, Basra and Karbala, child marriage rates are as high as 35%, 31%, and 31% respectively. Displacement, poverty and lack of access to education are significant drivers of child marriage in these regions. Families often see marriage as a way to protect their daughters from economic hardship or sexual violence, but in reality, it exposes them to further harm.
Broader Implications for Women’s Rights
The proposed law is not just a threat to the rights of Iraqi girls; it is a setback for the broader struggle for women’s rights in the Middle East. The law would reinforce patriarchal norms that view women and girls as property to be controlled by men, rather than as individuals with their own rights and autonomy.
Women’s rights activists in Iraq fear that the law would set a dangerous precedent, encouraging other countries in the region to roll back their own legal protections for women and girls. The law would also give religious authorities more power over family matters, potentially leading to further restrictions on women’s rights in areas like divorce, child custody, and inheritance.
Global Reaction and the Role of the International Community
The international community has reacted strongly to the proposed law. Human rights organizations, including The IWI: International Women’s Initiative, Amnesty International and Human Rights Watch, have condemned the bill, calling it a violation of international human rights standards. The United Nations has also expressed concern, urging the Iraqi government to uphold its commitments under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), both of which Iraq has ratified.
However, condemnation alone is not enough. The international community must take concrete action to pressure the Iraqi government to abandon this proposal. Diplomatic channels should be used to convey the global outcry against the law, and international aid should be tied to improvements in women’s rights. Additionally, the international community should support local women’s rights organizations in Iraq, providing them with the resources they need to continue their fight against child marriage and other forms of gender-based violence.
The Need for Domestic Opposition and Reform
While international pressure is important, the most effective opposition to the law must come from within Iraq. Women’s rights activists, civil society organizations, and progressive lawmakers are already mobilizing against the bill, organizing protests and lobbying parliamentarians to reject the proposal.
Education and public awareness campaigns are also crucial. Many Iraqis are not fully aware of the harms of child marriage or the implications of the proposed law. By educating the public about these issues, activists can build a broader base of support for women’s rights and push for legal reforms that protect girls from early marriage and other forms of exploitation.
A Call to Action
The proposed law to legalize child marriage in Iraq is a grave threat to the rights and safety of young girls. It is imperative that both the Iraqi public and the international community take a strong stand against this proposal. Here’s what can be done:
Raise Awareness: Share information about the proposed law and its implications on social media, through community groups and within your networks. The more people who are informed, the greater the opposition to the law will be.
Support Women’s Rights Organizations: Donate to or volunteer with organizations that are working to protect women’s rights in Iraq. These groups are on the front lines of the fight against child marriage and need all the support they can get.
Advocate for Policy Change: Contact your government representatives and urge them to speak out against the proposed law. Pressure your government to use diplomatic channels to advocate for women’s rights in Iraq.
Educate and Empower: Support initiatives that provide education and economic opportunities for girls in Iraq. When girls are educated and empowered, they are less likely to be married off at a young age.
Conclusion
Iraq’s proposal to legalize child marriage is a significant step backward for women’s rights. It threatens to undo decades of progress and puts countless young girls at risk. But this battle is far from over. By raising awareness, supporting local and international efforts, and advocating for change, we can help protect the rights and futures of Iraqi girls and ensure that they have the opportunity to grow up free from exploitation and harm.