Iraq’s Compliance with CEDAW:

The Challenge of Reconciling Islamic Law and Women’s Rights

Khansaa Mohammed Jasim

 

Abstract: CEDAW can be considered the primary international instrument that focuses on women's rights worldwide. It obliges ratified states to adapt their legislation in conformity with the provisions of the convention. The convention permits parties to place reservations on specific articles to align with their cultures, religions, and national laws. Accordingly, most Arab countries, particularly those that adopt Islamic law, have submitted reservations in this regard. Iraq is one of these countries, and the primary purpose of its reservations is to ensure that neither Islamic law nor national law is prejudiced. This note suggests that the adopted reservations may impact the efficiency and effectiveness of the convention in protecting the rights it guarantees. However, these reservations align with Iraq’s constitutional foundation, as stated in Article 3 of the Iraqi Constitution, which declares Islam as the state religion and prohibits legislation that conflicts with Islamic principles. Nevertheless, the need to fully protect women's rights as a state party to the convention remains a controversial matter.