Criminalizing Forced Marriage in Iraqi Law and International Law

Abstract

Forced marriages in Iraq and internationally are a gross violation of human rights prevalent in most societies and religions and stem from various cultural and socio-economic factors. This paper analyzes how Iraqi law and international law operate in relation to the crime of forced marriage. It explains the shortcomings of the effective implementation of the Iraqi laws such as the Personal Status Law and the Penal Code to address forced marriage that a provision should explicitly criminalize forced marriage, ensure support for victims, and be in line with international standards. The reforms should be accompanied by legal educational campaigns, anti-stigma initiatives, and strong mechanisms of enforcement to overcome societal and cultural challenges.  in addition to discussing the problems presented by society’s attitudes. This article goes on to examine some of the international legal instruments that place an obligation on states to criminalize forced marriage. This comparative analysis enables the article to point the way to some best practices for Iraq in regard to the topic at hand from jurisdictions that have addressed the issue effectively. Main conclusions draw attention to the need for legal transformation, educational campaigns, and political will to eliminate forced marriage. Among the recommendations, there is a need for anti-stigma campaigns and cultural change as well as a sound legal base that is in harmony with international obligations. This paper highlights the importance of a coordinated response in protecting all individuals against forced marriage in Iraq.