Helen Ehmed

Sulaimaniyah – July 24, 2024: The Iraqi Council of Representatives approved an amendment to the Personal Status Law No. 188 of 1959, a move activists described as the beginning of a legal path that threatens women’s rights and institutionalizes discrimination against them. Despite widespread protests led by women and activists in an attempt to block the amendment, the parliament voted in favor of it, and it officially came into effect on January 22, 2025.
The enforcement of the amended law has led to increasing violations against women, especially in southern Iraq and predominantly Shia areas. Many women were forced to leave their homes with their children and flee to the Kurdistan Region in search of safety.
Over 800 Women Displaced Due to the Personal Status Law
This harsh reality has compelled many women to make the difficult decision to flee in order to protect their children and their rights. Statistics indicate that more than 800 women have sought refuge in the Kurdistan Region as a direct result of the amendment.
Authorities, including the High Council of the Women’s Alliance, reported that a significant number of displaced women were directly affected by the law. In this context, former MP and lawyer Rezan Sheikh Dler explained that the amendment and the parliament’s decision would drive many women from southern Iraq to seek refuge in the Kurdistan Region.
She stated that the High Council of the Women’s Alliance had received an official notification indicating that the amendment and related parliamentary decisions had caused women to flee even beyond Iraq’s borders. Sheikh Dler added that southern cities, particularly those with Shia majorities, have become dangerous places for women’s lives. Many live in constant fear of losing their children since the amended law grants fathers the right to take custody after divorce — without any legal guarantee that the mother can see her child again.
She continued that the new law allows the father to reclaim custody even if the mother has cared for the child for up to ten years. Consequently, many women fled with their children to the Kurdistan Region, where the law is not enforced due to the regional parliament’s inactivity. As a result, Kurdish cities have become safe havens for displaced women seeking to protect their children from the effects of the amendment.
Sheikh Dler stressed that relevant authorities, including the High Council for Women, are aware of the growing number of displaced women who sought refuge in the Kurdistan Region due to the amendment. This wave of displacement from southern Iraq has had negative repercussions on the region, as many women now face severe difficulties securing basic necessities. Some have even had to deprive their children of education due to harsh conditions, leading to an increase in illiteracy among displaced families.
She added that the enforcement of the amended law by the Iraqi parliament has caused significant harm to women, forcing many to flee their homes to protect their rights and their children’s. This situation reflects the severe social and economic impact of the legal amendment - not only on women in southern Iraq but also on the Kurdistan Region’s overall social and economic fabric.

“Lack of Support and Shelter Exacerbates the Crisis”
According to Sheikh Dler, women displaced due to the amendment face extremely difficult conditions in the Kurdistan Region, where basic living requirements are scarce. The enforcement of this law has driven many women to flee, yet the lack of shelter and essential services has left them struggling to survive.
Some women have relied on friends or acquaintances for temporary housing, while others were forced to live in hotels or even on the streets without any notable support. Sheikh Dler noted that Alliance 188 in Iraq, in cooperation with the Iraqi Women’s Network, is working through its branch in the Kurdistan Region to address the housing crisis and has formally requested urgent solutions.
She emphasized that the situation of displaced women worsens every day amid the absence of job opportunities and safe shelters. The Alliance 188 has held meetings with the High Council for Women to monitor the conditions of those affected by the law and to try to reach and support them. However, the exact number of displaced women and children remains unclear.
She noted that a TV program reported more than 800 displaced women with their children in the Kurdistan Region. To verify this, contact was made with security authorities in Erbil, who confirmed that such data could be accessed but that the lack of an official database prevents accurate statistics. Many women also refuse to reveal their identities for fear of being sent back or losing custody of their children, which complicates efforts to reach and assist them.

“The Amended Law Institutionalizes Discrimination Against Women”
Sheikh Dler explained that women affected by the amendment cannot leave the country for fear of losing custody of their children. Nonetheless, civil society organizations and international human rights institutions operating in the Kurdistan Region are planning to hold a joint conference with the Ministry of Justice in the coming months. The goal is to prevent the enforcement of decisions issued outside the region, especially since families residing in Kurdistan are being pressured to comply with the amended law.
She emphasized the importance of continued dialogue with political authorities and relevant institutions to raise awareness about the seriousness of the situation. Sheikh Dler also called on the Kurdistan Regional Government to reject the implementation of this law within its territory to ensure the protection of women and children.
She pointed out that some divorced women have not received any financial support for years, while some fathers have completely abandoned their children. Yet, their families still demand custody - preventing mothers from seeing their children again.
She stressed that courts must handle such cases carefully and not hand over children to fathers or relatives without thoroughly assessing the surrounding circumstances. The amended law has caused serious problems, especially in Shia-majority areas, where women face clear discrimination in court proceedings. As a result, many mothers have been permanently separated from their children, in violation of their maternal rights.
She concluded by saying that the amendment must be revised more fairly, ensuring that children are not separated from their mothers and that the law does not evolve into a social crisis threatening family stability across Iraq.