[size=35][size=35]Position of the European Parliament and Amnesty International on the Personal Status Law in Iraq[/size]
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2024-10-11 | 07:40
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Members of the European Parliament warned in a statement that the new proposals violate the rights of both children and women.
The statement considered that the proposed amendments do not legally protect women and children who are victims of domestic violence in Iraq, and therefore, the proposed amendments to the Personal Status Law, “if enacted,” would lead to a “more radical” application of the law.
In a resolution adopted on Thursday, the European Parliament urged Iraq to adopt a national action plan to end child marriage, criminalize marital rape, combat domestic violence, and promote the rights of women and girls, in line with the UN Convention on the Elimination of All Forms of Discrimination against Women.
The European Parliament called on the EU delegation in Iraq to “make development grants conditional on judicial training on sexual violence and the establishment of women’s shelters, and to call on member states to increase their support for women’s and children’s rights defenders in the country.”
In turn, Amnesty International said today, ahead of an imminent vote on amendments to the Personal Status Law, that Iraqi lawmakers must drop the amendments, which would violate the rights of women and girls, further entrench unfair discrimination, and could allow girls as young as nine to marry.
“Iraqi lawmakers must heed the warnings from civil society and women’s rights groups about the devastating impact of these amendments, which would remove the current legal marriage age of 18 for both girls and boys, paving the way for child marriage and stripping women and girls of protections in relation to divorce and inheritance, ” said Razaw Saliye, Amnesty
International’s Iraq researcher. “Child marriage not only deprives girls of education, but also exposes them to sexual and physical abuse and the health risks associated with early pregnancy. The insistence on these amendments to the Personal Status Law is alarming, despite the urgent need for very different legal reforms to protect the rights of Iraqi women and girls,” the organization said in a statement.
The current Personal Status Law applies to all Iraqis, regardless of their religion. The proposed amendments would give religious councils of Iraq’s Sunni and Shia communities the power to develop “Sharia personal status laws” within six months of the law’s passage, effectively threatening women’s and girls’ rights and equality before the law, the statement said.
The amendments would also legalize unregistered marriages, often used to circumvent child marriage laws, and remove penalties for adult men who conduct such marriages and clerics who perform them. They would also remove important protections for divorced women, such as the right to remain in the marital home or receive alimony from their former husband.
“The amendments violate international treaties that Iraq has ratified, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child,” Razaw-Sale concluded. “Ensuring the safety, dignity and rights of women and girls is not only an obligation of the state under international human rights law, but also a moral duty that all Iraqi institutions must adhere to.”
The first reading of the draft law was held on 4 August. Similar amendments were proposed in 2014 and 2017, but were not approved due to nationwide protests. On 3 September 2024, the Iraqi parliament attempted to hold a second reading of the draft law, but opposition MPs launched a boycott campaign that succeeded in breaking the quorum.
The second reading of the bill took place on September 16, with MPs and opponents of the bill expressing concerns that none of their recommendations had been taken into account, nor had they been shown an amended draft. On September 17, the Iraqi Federal Supreme Court ruled that the amendments were in line with the Iraqi constitution.
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2024-10-11 | 07:40
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The European Parliament criticized the proposed amendments to the Personal Status Law in Iraq, which will be presented to Parliament.
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Members of the European Parliament warned in a statement that the new proposals violate the rights of both children and women.
The statement considered that the proposed amendments do not legally protect women and children who are victims of domestic violence in Iraq, and therefore, the proposed amendments to the Personal Status Law, “if enacted,” would lead to a “more radical” application of the law.
In a resolution adopted on Thursday, the European Parliament urged Iraq to adopt a national action plan to end child marriage, criminalize marital rape, combat domestic violence, and promote the rights of women and girls, in line with the UN Convention on the Elimination of All Forms of Discrimination against Women.
The European Parliament called on the EU delegation in Iraq to “make development grants conditional on judicial training on sexual violence and the establishment of women’s shelters, and to call on member states to increase their support for women’s and children’s rights defenders in the country.”
In turn, Amnesty International said today, ahead of an imminent vote on amendments to the Personal Status Law, that Iraqi lawmakers must drop the amendments, which would violate the rights of women and girls, further entrench unfair discrimination, and could allow girls as young as nine to marry.
“Iraqi lawmakers must heed the warnings from civil society and women’s rights groups about the devastating impact of these amendments, which would remove the current legal marriage age of 18 for both girls and boys, paving the way for child marriage and stripping women and girls of protections in relation to divorce and inheritance, ” said Razaw Saliye, Amnesty
International’s Iraq researcher. “Child marriage not only deprives girls of education, but also exposes them to sexual and physical abuse and the health risks associated with early pregnancy. The insistence on these amendments to the Personal Status Law is alarming, despite the urgent need for very different legal reforms to protect the rights of Iraqi women and girls,” the organization said in a statement.
The current Personal Status Law applies to all Iraqis, regardless of their religion. The proposed amendments would give religious councils of Iraq’s Sunni and Shia communities the power to develop “Sharia personal status laws” within six months of the law’s passage, effectively threatening women’s and girls’ rights and equality before the law, the statement said.
The amendments would also legalize unregistered marriages, often used to circumvent child marriage laws, and remove penalties for adult men who conduct such marriages and clerics who perform them. They would also remove important protections for divorced women, such as the right to remain in the marital home or receive alimony from their former husband.
“The amendments violate international treaties that Iraq has ratified, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child,” Razaw-Sale concluded. “Ensuring the safety, dignity and rights of women and girls is not only an obligation of the state under international human rights law, but also a moral duty that all Iraqi institutions must adhere to.”
The first reading of the draft law was held on 4 August. Similar amendments were proposed in 2014 and 2017, but were not approved due to nationwide protests. On 3 September 2024, the Iraqi parliament attempted to hold a second reading of the draft law, but opposition MPs launched a boycott campaign that succeeded in breaking the quorum.
The second reading of the bill took place on September 16, with MPs and opponents of the bill expressing concerns that none of their recommendations had been taken into account, nor had they been shown an amended draft. On September 17, the Iraqi Federal Supreme Court ruled that the amendments were in line with the Iraqi constitution.
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