An amendment to Iraq’s Personal Status Law, effective from February 17, 2025, has sparked substantial criticism for its perceived failure to protect women’s rights to equality before the law. According to Human Rights Watch (HRW), these legislative changes leave women vulnerable to continued discrimination and exploitation, thus reversing progress made in defending their rights.
The amendment introduces a choice for newly married couples: they can be governed by the Personal Status Law of 1959 or a new Personal Status Code. However, this option permits divergent legal frameworks for various religious sects, which critics argue is in conflict with Article 14 of the Iraqi Constitution as well as Articles 1 and 2 of the Universal Declaration of Human Rights (UDHR), both of which enshrine the principle of equality before the law.
A notable alteration in the law is the adjustment of the legally permissible age for marriage. While the ratified amendment sets this age at 18—or 15 with judicial consent—it still fails to align with the international legal standard stipulating a minimum marriage age of 18, as outlined in Article 16 of the UDHR. Unfortunately, according to a UNICEF report, nearly 28 percent of girls in Iraq are married before reaching 18, leading to heightened risks of abuse.
Advocacy from women’s rights groups and civil society organizations has been instrumental in initiating these changes, although the amendments only provide a modest improvement. For instance, while initially husbands had the prerogative to choose the applicable legal regime in marital disputes, this decision is now entrusted to the judge overseeing the dispute, potentially offering a fairer process.
Despite some progress, HRW’s Iraq researcher Sarah Sanbar expressed disappointment that the changes do not sufficiently protect women’s rights, commenting that these revisions only lift the law from being overtly unfavorable to merely inadequate. The ongoing debate around this legislation continues to fuel discussions about legal reform and the fight for gender equality in Iraq.
For further information, the detailed account published by JURIST on the subject can be accessed here.