Raja Hamid Rashid

Iraq – Crises produced by regimes exacerbate social problems, which in turn fuel violence against women. At the core of these crises lies the deepening imbalance caused by gender inequality, which leads to the continuation of the phenomenon of femicide even today.

Today, it is essential to look at the deep-rooted causes of the escalating crisis in the Middle East, and the social problems that are fed by this source and grow like a snowball. Analyzing how the crises faced by each country in the Middle East produce new problems within the current political, economic, and social realities is crucial to understanding the dynamics of these transformations.

The effects of the femicide phenomenon, as a result of crises, manifest in various areas of social life. In addition, women today face what is imposed on them under the term "third sexual rupture," where they express their view on the need to open spaces for joint struggle, taking practical steps in this direction.

In Iraq, too, women have not abandoned their struggle against violence directed at them and against the phenomenon of femicide. On the contrary, this struggle has become clearer and more effective today.

In this section of our file, we will address the ongoing crisis in Iraq, the forms of violence directed at women, and also examine the gains that women have achieved in various areas of struggle.

From the Symbolism of Protest to a Structural Confrontation with Violence and Discrimination

The existence of a system that views women during elections as mere electoral numbers, deepening violence under traditions, poses the greatest threat to them. In recent years, women have started to read men not only as fathers, brothers, husbands, or friends, but also as reflections of the state’s mentality and policies. This perspective has given significant momentum to women's struggle. While these achievements may not have fundamentally changed the social reality, they are of deep significance because they have succeeded in breaking down the walls of silence.

On November 25th, Iraqi women do not merely commemorate an international day but turn this day into a national occasion for accountability, directly confronting the state and society for their failure to protect women. On this day, survivors and activists announce that the struggle is no longer symbolic but has become existential. Thus, this day is no longer just a "day" but has turned into a significant milestone in the women's struggle.

Despite more than twenty years having passed since the political and social transformations in Iraq since 2003, Iraqi women continue to face high levels of gender and religious-based violence. The fundamental reason for this is the absence of a system in which women participate, and the lack of a social and constitutional structure that guarantees their protection and rights.

The phenomenon of domestic violence in Iraq has evolved from being a family issue into a structural crisis that threatens the existence of the state itself. This reality clearly shows the depth of the crisis facing the country’s legal and cultural structure.

Alarming Indicators for 2025

The Iraqi Ministry of Interior recorded more than 13,857 domestic violence cases in 2024, a figure that signals danger, especially since 73% of the victims were women. Reports indicate that 57% of the cases were assaults by husbands, while assaults by parents on children made up 6%, and the remaining percentage was distributed among assaults by relatives and the elderly.

These figures represent only the visible part of the iceberg. International organizations such as Amnesty International and Human Rights Watch confirm in their reports that the real numbers are much higher, due to the culture of impunity and societal barriers that prevent victims from accessing justice.

In Baghdad alone, nearly one hundred domestic violence cases are recorded daily, reflecting the widespread nature of the phenomenon and its entrenchment in daily life, amidst societal silence and a legal environment that does not recognize women’s rights.

Legal Contradictions... Symbolic Protection and Implicit Justification

On the legislative front, Iraq faces a significant challenge in the form of a legal vacuum. Despite repeated calls by the United Nations and civil society organizations, the Domestic Violence Prevention Law, which was approved by the Cabinet in 2015, remains stalled in Parliament without ratification. The law faces opposition from some political blocs that consider some of its provisions to be incompatible with Sharia law or social customs.

Although the 2005 Iraqi Constitution promises to protect the family and women, its practical implementation faces obstacles due to Article 41 of the amended 1969 Penal Code, one of the most controversial legal provisions. This article allows for physical punishment or violence by husbands towards their wives, parents towards their children, or teachers towards their students, under the interpretation that this constitutes "using a right." This means that the perpetrator cannot be held criminally or civilly accountable as long as their actions fall within the limits prescribed by Sharia, law, or custom, thus providing legal cover for violence and weakening the judiciary’s ability to protect victims.

This article has sparked widespread rejection from civil society organizations and women’s rights activists, who argue that the term "discipline" carries a demeaning connotation and contradicts modern constitutional values. The use of this term to reduce the severity of violence or limit it to mere warnings is legally unacceptable. This rejection has led to legal and political efforts, including a lawsuit filed by the Speaker of Parliament to challenge the constitutionality of Article 41(1). Despite the challenge, the Federal Court ruled that "discipline" does not mean violence, but rather a means of reform, and that exceeding it constitutes a crime.

Overall, the contradictory laws in the Constitution legitimize violence and ignore women's rights. The state insists on its exclusionary approach to women within the constitutional framework. Had there not been such contradictory laws like the "Penal Code," other pieces of legislation could have been sufficient to protect women’s rights and combat violence.

Experts argue that it is time to amend the Penal Code to align with a democratic Constitution and international conventions and ensure their integration, calling for a clear provision that exempts women from punishment if they abort as a result of rape, as this is a humanitarian and ethical necessity. However, there is no specific protection for women who experience rape or become pregnant as a result of it. In fact, the law offers a reduced penalty, or even drops the charge, if the woman marries the man who raped her, presenting this in the Iraqi Constitution as though it were a "gift" for women.

Despite the preparation of a Domestic Violence Prevention Law in 2020, it was frozen due to being considered a threat to the family structure by some religious groups. Human rights expert Bushra Al-Zu’ini confirms that the lack of political will and weak coordination between state institutions are the main reasons that perpetuate the crisis.

Perpetuating Discrimination and Marginalizing Justice for Women

In a worrying sign of a regression in social justice and human rights, the Iraqi Parliament approved a controversial amendment to the Personal Status Law on January 21, 2025. Despite the Federal Supreme Court's rejection of objections, the law was signed and entered into force on February 13, 2025. This amendment led to the state overriding the civil code by delegating matters of marriage and inheritance to religious authorities.

This move deepened the regression of democracy in Iraq, as it granted legal legitimacy to violence against women under religious and social pretexts. The law's passage positioned Iraq as a state hostile to women's rights, redefining legal references and providing a foundation for child marriages starting at the age of nine, according to religious and tribal references. This has opened the door to child marriages, deprived women of their rights to dowries, alimony, and inheritance, and denied mothers the right to register their children or access government and social services.

The amendments to the Personal Status Law have led to a significant increase in child marriages and legitimized rape culture, further deepening social problems. In response to this reality, women’s organizations have mobilized, expressing their concerns through various platforms and calling for the reversal of these amendments.