USAID IRAQ ACCESS TO JUSTICE PROGRAM: VALUES OF ACCESS TO JUSTICE AND UNREGISTERED MARRIAGE IN IRAQ

The program aims to improve access to justice for women and vulnerable populations in Iraq. In Iraq, marriage registration is a critical aspect of access to justice, particularly for women. Unregistered marriage is a common phenomenon in Iraq, with an estimated 70% of marriages not being registered. Marriage registration in Iraq is governed by the Personal Status Law, which outlines the procedures for registering a marriage. Registered marriage is considered a formal marriage, while unregistered marriage is considered informal. Unregistered marriage is often associated with social stigma and limited access to rights and benefits. The process of registering an unregistered marriage in Iraq involves several steps, including submitting a request to the Personal Status Court, court investigation, misdemeanor court hearing, and final court ruling. The Personal Status Court plays a crucial role in the marriage registration process in Iraq. The court is responsible for investigating the marriage and determining its validity. However, the court process can be lengthy and complex, often resulting in delays and obstacles. Women-headed households, in particular, face significant challenges in accessing the court system and registering their marriages. The Iraq Access to Justice Program identifies several key gender-based constraints that hinder access to justice for women in Iraq. These constraints include social pressure, poverty, lack of awareness, lack of agency, and lack of freedom of movement. To address these constraints, the program recommends several actions, including continuing awareness-raising campaigns, lobbying the government for reforms to laws and policies, and strengthening laws protecting children's fundamental right to education. The program also emphasizes the importance of strengthening laws protecting marriage and ensuring the protections granted under the Personal Status Law. Additionally, the program recommends lobbying the government for a centralized vital statistics registry and supporting initiatives to increase the number of judges in the Personal Status Courts. By addressing these constraints and implementing these recommendations, the Iraq Access to Justice Program aims to improve access to justice for women and vulnerable populations in Iraq.