On the situation of women’s rights in Iraq and the recent proposal to amend the Personal Status Law

B100090/2024

Motion for a European Parliament resolution on the situation of women’s rights in Iraq and the recent proposal to amend the Personal Status Law

(2024/2858(RSP))

The European Parliament,

– having regard to Rule 150 of its Rules of Procedure,

A. whereas since the regime change in Iraq in 2003 after the US military invasion, the situation of women in Iraq has continued to deteriorate; whereas practices such as child marriage, temporary marriage, forced marriage, female genital mutilation, honour killings continue to exist; whereas according to the Supreme Judicial Council of Iraq, there has been a disturbing increase in domestic violence cases, with 53,889 incidents, recorded over past three years; whereas, although the law allows for the marriage of girls from 15 years of age only in exceptional circumstances, more than 1 in 4 girls (28 %) had married before they reached the age of 18;

B. whereas since 2003, Christians in Iraq, many of them women, have been severely persecuted, and have been victim of systemic displacement, violence and legal discrimination; whereas the Christian population in Iraq has drastically reduced from 1,5 million in 2003 to 150,000 today; whereas Iraq’s blasphemy laws have been used to arrest and intimidate people for their religious beliefs;

C. whereas the proposal to amend the Iraqi Personal Status Law no. 188 of 1959 would allow for the application of the Sharia jurisprudence on women and girls in personal status matters; whereas this will lead to a rise in temporary marriages and legitimise child marriages;

Emphasises that the unequal treatment of women in Iraq is determined and held in place by cultural norms, customs, tribal traditions and religious practices and that these unequal treatments of women are also reflected in both civil and penal law;

Is deeply concerned about the consequences of mass migration from the MENA countries for the security of women across Europe;

Notes that the European Union’s development policy in Iraq in this field has not led to the desired results and that the situation is only deteriorating; calls for development aid to Iraq to be linked more strictly to conditionalities, above all cooperation in the repatriation of Iraqis illegally staying in the European Union back to their home country; calls for all development aid to Iraq to be stopped if Iraq does not cooperate in the repatriation of Iraqis from the European Union back to their home country;

Notes that in case C-646/21 regarding two sisters of Iraqi nationality, the European Court of Justice has ruled that the very identification with the fundamental value of equality between women and men during a stay in a Member State, constitutes a “reason for persecution”, capable of leading to recognition of refugee status; is worried that this will only encourage further migration;

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, and the governments and parliaments of the Member States.