The second paragraph of Article 26 of the unified national card law, which was passed by the parliament on the 27th of October/2015, represents a flagrant violation of non-Muslim Iraqi components’ rights and this is because the article states that if one of the parents converts to Islam then his minor children has to convert as well. With more details, the violation is characterized by the following:
Firstly: the second paragraph of Article 26 of the mentioned law clearly contradicts with the spirit of the constitution and with a number of its Articles, such as:
Article 2 which states “This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice such as Christians, Yazidies, and Mandi-Sabeans”,
Article 3 which states “Iraq is a country of many nationalities, religions and sects”
Article 14 which states “Iraqis are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status”
The second paragraph of Article 37 which guarantees the protection from Intellectual, political and religious coercion.
Article 41 which ensures that “Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices. This shall be regulated by law”.
Article 43 which states: First “the followers of all religions and sects are free in the:” A. “practice of religious rites, including the Husseini ceremonies” B. “management of the endowments, its affairs and its religious institutions. The law shall regulate this”, Second “the state guarantees freedom of worship and the protection of the places of worship”.
Article 125 which states “this Constitution shall guarantee the administrative, political, cultural and educational rights for the various nationalities, such as Turkmen, Chaldeans, Assyrians and all other components. The law shall regulate this”.
Secondly: the guarantees provided in Article NO. 372 of the Iraqi penal code NO. 111 for the year of 1969, guarantees regarding the protection of the creed of different sects and recognizing the sanctity of buildings, books and symbols of different religions and sects, while criminalizing acts which could desecrate the sanctity of religious minorities, their practices and their traditions.
Thirdly: considering the minor a Muslim contradicts with the provisions of valid laws being not of full legal eligibility, therefore it is not possible for him to perform legal dispositions, the Iraqi Civil Law, article 46 of it considered that who does not reach the age of maturity (18 years) is lacking eligibility.
Fourthly: this Article doesn’t only contradict with a number of valid laws and legislations but it also contradicts with the concepts and principles of Islamic law which stipulates “no coercion in religion”.
Fifthly: the text of the Article leans towards a religious regime not a civil one, violating the constitutionally installed choice taken by the people.
Sixthly: the mentioned article also imposes the logic of tyranny of the majority and assaulting the constitutionally guaranteed rights of the followers of other religions and sects.
Seventhly: the text also contradicts with what I’ve read in different human rights declarations and international covenants which guarantees the rights of minors according to the international law.
Eighthly: the text eliminates all sorts of equality and gives the Iraqi laws a legal character of religious discrimination, furthermore, it ensures marginalization and exclusion and takes part, in one way or another, in blending the different components into one with the religious identity and belief of the majority.
Ninthly: the second paragraph of Article NO. 26 of the unified national card law contradicts with the religious, cultural and sectarian diversity of the Iraqi society, and passing it means approving the elimination of certain components for the benefit of others.
Tenthly: Article 26 of this law represents a copy of what was provided in Civil Status law NO. 65 for the year 1972 amended and the provisions of both Articles 21 and 20 of the same law concerning non-Muslim Iraqis, which contradicts with the freedom of belief and the principles of equality guaranteed by the constitution in many of its previously mentioned articles, Article 20 of the mentioned law (paragraph 2) states “It is permitted for a non-Muslim to change his religion according to the provisions of the law”, which states that it isn’t permitted for a Muslim to convert to any other religion because then he/she would be considered as apostates according to the Sharia (the Islamic Law).
Whereas, Article 21 paragraph 3 of the same law states “minors will follow the religion of the parent who embraced the Islamic religion”.
Non-Muslim Iraqi minorities have been striving for years to amend this Article which violates religious rights, this is what Hammurabi Human Rights Organization have worked on during two conferences organized by HHRO for this purpose and attended by senior clerics representing all Iraqi religions, and different judges, lawyers, intellectuals and academics who presented a recommendation in 2012 to the Iraqi government demanded the amendment of the Article according to the following:
(Minors shall keep their original religion and shall be given the right to choose a religion after reaching maturity), especially that the text that includes converting the children into Islam have had negative social effects on Christians, Mandi-Sabeans and Yazidies, which according to the text, the minor children will become Muslim if either one of the parents converted to Islam, and this shall be recorded in the civil records of the minor without his knowledge, which has become a problem that thousands of Christians Mandi-Sabean, Yazidi, and non-Muslims in general suffer from.
http://jajaranlanangan.blogspot.co.id/Therefore, what was provided by the recommendation of Hammurabi Human Rights Organization, was the result of both conferences mentioned and represents our point of view regarding the amendment, if Article 26 of the unified national card law is to be amended. the first conference took place in Alqosh, while the second took place in Baghdad.