Proposed Iraq child marriage amendments spur international concerns News
Proposed Iraq child marriage amendments spur international concerns

Amnesty International on Thursday called for Iraqi lawmakers to drop proposed amendments to the Personal Status Law in Iraq, which codifies the rules of marriage and family matters in the country. The amendments, if passed, would allow young girls aged nine and above to be married.

The rights group said the amendments “would violate women and girls’ rights” and “further entrench discrimination.” Amnesty International’s Iraq Researcher Razaq Salihy added that the amendments would also violate international agreements that Iraq has signed, including the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). Both agreements establish rights against abuse, violence, and exploitation.

The proposed amendments have received significant international criticism. The UN Special Rapporteur on violence against women and girls, its causes and consequences and the UN Special Rapporteur on the sale, sexual exploitation and sexual abuse of children expressed serious human rights concerns over the amendments. The Special Rapporteurs emphasized that in addition to legalizing child marriage, the amendments would impact a woman’s rights to spousal inheritance, child custody, and divorce.

The amendments would change Article 2 and Article 10 of the Personal Status Law. Article 2 is an application of the rule of law principle of equality, stating, “The provisions of this Law shall apply to all Iraqis unless they have been exempted by a special law.” Article 10 contains several provisions that state marriages must be registered with the court.

The current Iraq Personal Status Law, in force since 1959, is described as a product of historical compromise “rooted in interpretations of Islamic law that would apply to all Iraqi Muslims regardless of their sect.” The law applied equally to all individuals and lawfully authorized marriages between consenting adults of sound mind and at least 18 years of age.

The bill was initially proposed in August and has been making its way through the legislature, with a second reading completed on September 17. There has been significant outcry against the bill within Iraq, leading to protests from civil society and women’s groups across the country. The next step in the legislative process is an upcoming vote on the bill, which, if passed, would legalize child marriage.

 

THIS DAY @ LAW

Bakke affirmative action case argued

On October 12, 1977, the US Supreme Court heard arguments in the "reverse discrimination" case of Allan Bakke, a white student denied admission to University of California Davis Medical School. The court ruled the following year that that the Davis affirmative action plan was unconstitutional; Bakke was admitted to UC Davis Medical School and eventually graduated from there with his MD. Listen to the oral arguments and the reading of opinions by Chief Justice Burger, Justice Powell and others on Oyez.

Bakke affirmative action case argued

On October 12, 1977, the US Supreme Court heard arguments in the "reverse discrimination" case of Allan Bakke, a white student denied admission to University of California Davis Medical School.

The Court ruled the following year that that the Davis affirmative action plan was unconstitutional; Bakke was admitted to UC Davis Medical School and eventually graduated from there with his MD. Listen to the oral arguments and the reading of opinions by Chief Justice Burger, Justice Powell and others on Oyez, the Supreme Court multimedia site at Northwestern University.