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

B100093/2024

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

(2024/2858(RSP))

The European Parliament,

- having regard to its previous resolutions on Iraq,

- having regard to the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part,

- having regard to Iraq's Personal Status Law adopted in 1959, which governs matters of marriage, divorce, child custody and inheritance in Iraq,

- having regard to the Convention on the Rights of the Child (CRC), acceded to by Iraq on 1994,

- having regard to article 23(3) of the International Covenant on Civil and Political Rights (ICCPR), of which Iraq has been a State Party since 1971 that no marriage shall be entered into without free and full consent of the intending spouses,

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

A. whereas the recent proposal to amend the Personal Status Law, could legalize child marriage for girls and boys;

B. whereas the proposal would legalize unregistered marriages, and allow religious leaders, to finalize them; whereas according to a 2021 report by the U.N. Assistance Mission in Iraq (UNAMI) 22 percent of unregistered marriages involves girls under 14;

C. whereas under the proposal, couples entering into a marriage contract can choose whether to apply the provisions of the Personal Status Law or the provisions of specific Islamic schools of jurisprudence; whereas this would mean that sect, rather than citizenship, determines the rights afforded to Iraqis in their personal lives, effectively creating separate legal systems for different sects and further entrenching sectarianism in Iraq;

D. whereas the proposed amendments would have negative consequences on women in personal status matters, including marriage, divorce, inheritance and child custody;

E. whereas 73 percent of respondents surveyed by the Iraq Polling Team expressed “strong opposition” to the changes to the 1959 law;

1. Calls upon the Iraqi Parliament to reject the proposed amendments to the Personal Status Law No. 188 of the year 1959;

2. Calls on the EU and its Member States to condemn the proposed changes to the Personal Status Law;

3. Calls on EU and its Member States to express their concerns about the proposed changes to the Personal Status Law to the Iraqi authorities;

4. Expresses its support for women’s and children’s rights campaigners and civil society groups protesting across the country against the recent proposal to amend the Personal Status Law;

5. Instructs its President to forward this resolution to the Government and Parliament of the Republic of Iraq, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the EU Member States, the United Nations High Commissioner for Human Rights and the UN Special Rapporteur on violence against women and girls.