MOTION FOR A RESOLUTION on Iraq, notably the situation of women’s rights and the recent proposal to amend the Personal Status Law

B10‑0088/2024

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 Rule 150 of its Rules of Procedure,

1. whereas Iraq's Personal Status Law, governs matters of marriage, divorce, child custody and inheritance for Muslims, was considered one of the most progressive in the region; whereas despite widespread protest and condemnation, amendments to the law were passed in their second reading by the Parliament; whereas according to UN experts if enacted, it would constitute a serious roll-back of women and children´s rights, particularly in areas such marriage, divorce, and child custody and would likely exacerbate the prevalence and forms of violence against women and girls;

2. whereas the draft amendment would legalize the unregistered marriages which are often done as a way to circumvent legal restrictions on child marriage, polygamy, and forced marriage and to evade having to pay spousal maintenance in case of divorce; whereas women in unregistered marriages faced severe challenges in accessing government services and social protection; whereas according to a  report by the UNAMI, 22 percent of unregistered marriages involved girls under 14;

1. Calls on the Iraqi authorities to reconsider the amendments to the Personal Status Law and to ensure the protection of the rights of all Iraqi citizens while promoting equality and women´s rights;
2. Praises the women, including members of the Parliament, that have condemned the reform and fought to preserve one of the most progressive in the region;
3. Urges the authorities to adopt a national action plan to eliminate child marriage and to set the minimum age of marriage at 18;
4. Asks to reform the relevant laws governing citizenship and birth registration, to permit the registration of all births and the obtention of Iraqi citizenship and associated legal documents;
5. Urges the authorities to ensure that existing legislation, including articles 41(1), 128, 398 and 409  of the Iraqi Penal Code, is revised to comply with international standards on women´s rights and to the UN Convention on the Rights of the Child;
6. Calls on the authorities to combat gender-based violence including discrimination against LGBTIQ+ and to ensure accountability of perpetrators without delay; in particular urges the Council of Representatives to adopt a law to combat Violence Against Women and to fully criminalize marital rape in all circumstances; requires to de authorities to ensure avenues to seek shelter, medical care, legal recourse and reparations for persons at risk of such violence;
7. Demands to increase and improve access to reproductive healthcare, for all girls and women in rural and urban areas, by allocating greater resources from national health expenditure;
8. Denounces that  the West countries´ double standards on demanding the respect of human rights and international law, feeds those who do not want to respect international norms;
9. Urges the EU to direct funding towards organizations working on women´s rights in particular early and forced marriage, violence against women, and assistance to issue or reissue documents and legalize their marriages;
10. Instructs its President to forward this resolution to the EU institutions, Member States, and the Iraqi authorities.