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

B10‑0094/2024

Motion for a European Parliament resolution on Iraq, notably the situation of women’s rights and 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 Rule 150 of its Rules of Procedure,

1. Whereas the human rights situation in Iraq is increasingly alarming, as evidenced by the recent proposed amendments to the Personal Status Law and the stalemate over the adoption of a domestic violence law, sent by the Presidency to the Iraqi parliament in 2019;

2. Whereas the amendments to Personal Status Law conflict with certain constitutional provisions, such as Article 14 on the right to legal equality, as well as with international human rights law; whereas the amendments would violate the human rights of women and children and in particular legalize child marriages for girls as young as 9 and boys as young as 15, while also undermining women's rights in other aspects, such as divorce and inheritance, and puts them at increased risk of sexual, physical and domestic violence, mental and physical health consequences, social isolation, and dropping out of school;

3. Whereas the amendments would weaken legal protections for women as it allows couples to choose whether to follow civil law or specific Islamic schools of jurisprudence; whereas in case of dispute over which sect's law should apply, the sect of the husband takes precedence, violating then Iraq's obligations under international law to uphold equal rights for women; whereas women and girls may end up coerced into accepting religious practices not of their choosing which is in direct violation to the fundamental right to the freedom of religion or belief;

4. Whereas the dominance of the Coordination Framework, the hard-line ruling Shi’te coalition, plays a significant role in this regression in terms of human rights as they are often influenced by strict interpretations of Sharia law;

1. Calls on the Council of Representatives to reject the proposed amendments to the Personal Status Law that threaten the human rights of women and girls, and to ensure that any proposed legislation protects the rights of women and children, in line with Iraq’s international human rights commitments;

2. Underlines that these amendments could deepen sectarianism in Iraq and undermine freedom of religion or belief as a human right, create a parallel authority to that of the state and lead to unequal treatment as sect, not citizenship, would dictate which rights Iraqis are afforded in their personal life;

3. Urges the Council of Representatives to adopt the long awaited law against domestic violence;

4. Recalls that the current Personal Status Law requires children whose at least one parent has converted to Islam to become Muslims themselves; deplores that the proposed amendments to the law, if enacted, would lead to an even more radical application of Sharia law; states that these new provisions would also undermine the Iraqi State and affect the country’s minorities; expresses its deep concern about the consequences of these amendments for Iraq’s Christian communities;

5.  Instructs its President to forward this resolution to the EUSR for Human Rights, the Government and Council of Representatives of Iraq.