Women’s rights in Iraq are at risk

Women’s rights in Iraq are at risk, the European Parliament this week issued a warning against proposed amendments to Iraq's Personal Status Law, expressing concerns that the changes could further erode freedoms for Iraqi women.

The proposed legislation has already sparked strong opposition from female Iraqi lawmakers, activists, and civil society groups, who argue it will roll back rights in a country where women’s freedoms are already limited by cultural and legal constraints.

The European Parliament's resolution urges Iraq to uphold its international obligations, particularly under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The call to action focusing on the need for measures that would eradicate child marriage, criminalise marital rape, and strengthen protections for women and girls. 

Amnesty International has also echoed concerns, warning that lowering the legal marriage age and weakening safeguards around divorce and inheritance would further marginalise Iraqi women and girls.

Iraq ranks 166th out of 177 countries in the Georgetown Women, Peace, and Security Index, (https://lnkd.in/dNrHYVHs) with challenges in areas such as access to education, economic participation, and safety.

This grim ranking alone showing the need for progress, not regression.

Moreover, the existing Iraqi Penal Code (Article 409) provides leniency for “honour killings” and close cousin marriages are legal adding layers of tribal and cultural complexity that Westerners find hard to understand and that are far more detrimental to women than men.

Opposition from the EU Parliament has not gone unchallenged with some Iraqi legal experts (men) and politicians holding the view that external criticism is an infringement on national sovereignty.

Making matters worse for women, the past year has seen a wave of arrests targeting "influencers", under Article 403 of the Iraqi Penal Code, many influencers, including figures like Fatima Bint Al-Diwaniya and Aya Al-Shammari, have been sentenced to prison for content deemed offensive.

This article penalises content that violates public morals but lacks clear legal definitions, appearing to be based on opinion only, leading to accusations that enforcement is based on arbitrary standards and disproportionately targets women. 

Human rights organisations, including Amnesty and Human Rights Watch, have condemned these actions, warning of a "chilling effect" on free speech and arguing Article 403, with its vague language and undefined framework, serves as a tool for censorship under the guise of protecting cultural integrity, something not generally applied to Iraqi men.

As these legislative amendments and crackdowns on free expression unfold, the consequences for Iraq’s international relationships could be significant, future aid may hinge on Iraq's commitment to human rights reforms, but likewise foreign investors may be perturbed by this rolling back of freedoms.