TAMANI AL-SARWI

Baghdad_— The phenomenon of child marriage remains one of the most prominent social and legal challenges in Iraq, driven by poverty, social customs, and school dropout rates. Girls married early face serious psychological, health, and social consequences, amid ongoing debate over personal status laws. Specialists believe that reducing the phenomenon requires, alongside legislation, integrated educational, social, and economic policies.

A Childhood Ended at Fourteen

"D.A." dreamed of completing her education and becoming a teacher. At fourteen, she left school after her family decided to marry her off, citing economic circumstances and social customs.

She did not understand the meaning of marriage or the weight of responsibility awaiting her. Within months, she became a wife, then a mother while still a child. Today, at 19, she holds her daughter in her arms, but says what hurts her most is not the exhaustion, but the feeling that she lost her childhood before living it.

Despite her love for her child, she wishes no other girl would go through the same experience, and that every girl would have the right to education, choice, and a safe life before marriage.

In this context, Dr. Khayal Al-Jawahiri believes that child marriage is no longer a limited occurrence as it once was, but has become an expanding phenomenon, reflecting, in her description, a decline in social and cultural awareness, alongside a clear regression in the legislation and laws meant to protect children and women.

She affirms that a girl pushed into marriage at an early age suffers a direct violation of her fundamental rights, as she is deprived of her childhood, her right to education, and natural development, and forced to bear family responsibilities incompatible with her age and psychological and physical maturity.

She says that society cannot progress as long as it allows such practices to continue, noting that rising rates of early marriage indicate a flaw in social, educational, and legislative policies, not merely a family or personal issue.

Multiple Causes

Khayal Al-Jawahiri explains that the persistence of this phenomenon is not linked to a single cause, but to a set of interconnected factors, foremost among them the adherence of some communities to outdated customs and traditions that view early marriage as normal or a means of protecting the family.

She also notes that poverty and economic crises affecting some families push them to marry off their daughters to alleviate financial burdens, while school dropout and declining education levels increase the likelihood of early marriage, as girls who leave school become more vulnerable to marriage at a young age.

She adds that some tribal and social interventions still influence marriage decisions, contributing to the entrenchment and continuation of the phenomenon despite the significant harm it causes to girls.

She expresses her objection to the amendments made to the Personal Status Law (the Ja'fari Code), considering them a regression from the principles of the Personal Status Law No. 188 of 1959, which, in her view, provided greater guarantees to protect girls from early marriage.

She believes that any legal text permitting child marriage constitutes a violation of children's rights and contradicts constitutional principles and international conventions ratified by Iraq, which affirm the necessity of protecting children from all forms of exploitation and coercion.

She affirms that the problem is not only about the girl's age, but about her psychological, physical, and mental ability to make a life-altering decision like marriage—something a child of that age cannot fully comprehend.

The Judiciary Must Be the Primary Guarantor of Girls' Rights

Khayal Al-Jawahiri points out that one of the most dangerous consequences of some legal amendments is the weakening of the judiciary's role in protecting girls, affirming that courts should be the primary body ensuring the rights of children and women, away from social pressures or tribal customs.

She believes that removing the judiciary from these files opens the door to decisions that may not consider the girl's best interests, making her vulnerable to deprivation of her most basic legal and human rights. She affirms that the effects of early marriage are not limited to the girl alone, but extend to women in general, as weak legislation impacts their rights within the family and society.

Long-Term Health, Psychological, and Social Effects

She explains that early marriage leaves serious health consequences, as young girls are more vulnerable to pregnancy and childbirth complications, in addition to health problems that may accompany them throughout their lives. She also notes that a child lacks the psychological maturity to bear the pressures of married life, making her more susceptible to anxiety, depression, domestic violence, and separation.

She adds that a girl at this age needs care, education, and character development, not the burdens of motherhood and child-rearing, affirming that many cases of early marriage end in family problems due to the lack of compatibility and maturity between spouses.

She affirms that Iraq is committed to several international conventions guaranteeing the protection of children and women, and believes these conventions should be clearly reflected in national legislation to ensure girls are protected from early marriage. She calls for a review of all laws that could open the door to child marriage, and for the enactment of stricter laws protecting childhood and preventing any exploitation of girls under any social or economic pretext.

Media and Education... The First Line of Defense

Khayal Al-Jawahiri believes that the media no longer plays the required awareness role in confronting this phenomenon, noting that programs addressing women's, family, and childhood issues have become limited compared to the scale of challenges facing society.

She affirms that schools, universities, media, and civil society organizations are called upon to launch continuous awareness campaigns aimed at raising awareness of the dangers of early marriage and its health, psychological, social, and legal effects.

She also emphasizes the importance of reducing school dropout rates, as keeping girls in school is one of the most important protective factors against early marriage, in addition to economically and educationally empowering them for the future.

State and Society Responsibility

Khayal Al-Jawahiri concludes her remarks by affirming that confronting child marriage is not the responsibility of a single ministry or institution, but a shared national responsibility requiring cooperation between the legislative and executive authorities, along with the judiciary, educational and media institutions, and civil society organizations.

Child marriage remains one of the most contentious issues in Iraq, not only because of its connection to legal texts, but because of the profound effects it leaves on the future of girls and society as a whole. Between calls for stricter legislation, enhanced education, and community awareness, the question remains: Will efforts succeed in protecting childhood and giving girls their right to live their lives away from the responsibilities of early marriage, or will the phenomenon continue to deprive more girls of their childhood and future?