SEED Statement on the Proposed Amendments to the Iraqi Personal Status Law no 188 of 1959
Erbil, Iraq – August 8, 2024: SEED Foundation expresses serious concerns pertaining to the recent efforts in the Iraqi Council of Representatives (COR) to amend the Iraqi Personal Status Law No. 188 of 1959. SEED views these amendments as a significant setback for Iraqi women and children, posing a threat to their basic rights, legitimizing various forms of violence, and may lead to the incoherent implementation of the laws. Additionally, relegating personal status matters outside the court system means that Iraqi citizens, particularly women and children, will be deprived of their constitutionally Ïguaranteed rights.
The recently proposed amendments to the Personal Status Law read on August 4th, supposedly allows Iraqis to choose their religious sect for personal status matters, but it aims to reduce the rights of women and children. This current proposal follows a previous effort to amend Article 57 of the Personal Status Law, with the aim to deprive women of their custody rights. We strongly believe that these amendments should be disregarded for numerous reasons.
The proposed amendments deepen divisions in Iraqi society and create differences among various communities, including the religious sects, and ethno-religious minorities. This will create disparities as to how Iraqis will be treated under the constitution and laws of Iraq.
The proposed amendments weaken Iraqi Judiciary and undermine the judicial system by stripping it’s authority, leading to public distrust.
The proposed amendments will change the social system and undermine family unity, which goes against the Iraqi State’s efforts to enhance protection for women and children, including the efforts to develop a comprehensive child protection law.
The proposed amendments legalize out-of-court marriages and child marriages which are well documented to be harmful and deprive women and children of their basic rights globally and in Iraq. There is a wide body of evidence that shows that in out-of-court marriages, women would face challenges in proving marriage and lose legal entitlement including alimony and the right to establish lineage of children. Child marriages deprive children from education and expose them to serious reproductive and other health issues.
The proposed amendments are a clear violation of Iraq’s international commitments, particularly the Universal Declaration of Human Rights (UDHR) of 1948, the International Covenant on Civil and Political Rights (ICCPR) of 1966, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1976 and the Convention on the Rights of the Child of 1989.
SEED urges the Iraqi Council of Representatives to block the proposed amendments and uphold the fundamental rights and freedoms enshrined in the Iraqi Constitution and international human rights law recognized by Iraq. We call on the COR to adhere to the human rights principles which guarantee the rights of all citizens without discrimination, with special protections for women and children.
-ENDS-
SEED Foundation is a local NGO in the Kurdistan Region of Iraq, committed to protecting, empowering, and supporting the recovery of survivors of violence and others at risk. Our approach to this mission is integrative and holistic. We provide quality and comprehensive services, including mental health and psychosocial support (MHPSS), legal, protection, and shelter services; training, capacity building, and education for those working to protect and serve survivors; and policy and advocacy to strengthen laws, policies, practices, and protections for vulnerable people, and to promote social change.
For more information, please contact: media@seedkurdistan.org