Iraq’s new law allowing children as young as 9 to marry undermines women and girls’ rights

Under Iraq’s new law, girls can legally marry from the age of 9 in certain circumstances, depending on religious interpretations. The legal marriage age for boys has also been reduced from 18 to 15.

The law gives religious authorities the power to decide on family matters, including marriage, divorce, and child custody, and abolishes a longstanding ban on child marriage under the age of 18, which had been in place since the 1950s.

This change significantly reduces protections for women and children, exposing them to greater risks of exploitation and abuse.

The law also restricts women’s access to fundamental rights, including divorce, child custody, and inheritance, which are all important for their autonomy and safety.

These restrictions could leave women and girls increasingly vulnerable in a country already facing significant instability.

Legalising child marriage in Iraq increases the vulnerability of young girls, especially in communities with ongoing conflict and social unrest.

The risks associated with child marriage are severe, including health complications, mental health struggles, and a lack of education and employment opportunities.

Girls who marry at a young age are often forced to leave school, limiting their education and financial independence, which continues cycles of poverty.

This practice also threatens their physical and emotional well-being, further entrenching gender inequality.

The new legislation not only contradicts Iraq’s existing legal framework but also breaches international agreements.

Iraq has previously criminalised forced marriage and endorsed treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child, both of which prohibit child marriage.

Passing this amendment means Iraq risks breaching its international obligations, ignoring its responsibility to protect women and girls from harmful practices.

Additionally, the law allows religious councils to draft legal codes without parliamentary or public oversight, further reducing the state’s role in safeguarding citizens’ rights.

Legal changes that bypass democratic processes weaken crucial checks and balances, making it easier for harmful laws to come into effect without proper scrutiny.

The new law has sparked outrage from women’s rights activists, human rights groups, and numerous female Iraqi parliamentarians who have strongly opposed the amendment.

This move is part of a broader global regression in gender equality, with many hard-won rights being rolled back in different parts of the world.

Many countries, including Australia, the United States, and France, have exceptions that legally allow children under the age of 18, to marry with judicial or parental consent. Progress in removing harmful exceptions has been slow.

In our latest Global Slavery Index, we found that only 35 countries had set a minimum age of marriage at 18 years old without exception.

Attempts to lower the legal marriage age in other countries, such as Bangladesh and Somalia, have led to exceptions that allow children under 18 to marry in specific circumstances, including pregnancy or with a guardian’s consent.

These exceptions normalise child marriage and establish harmful gender norms.

The amendment in Iraq directly undermines international efforts to end child marriage, including the United Nations Sustainable Development Goal 5, which aims to achieve gender equality by 2030.

Ongoing international pressure is crucial to ensure harmful practices like child marriage are eradicated and that the rights of women and girls are protected.