Convention on Consent to Marriage, Minmum Age
for Marriage and Registration of Marriages
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Opened for signature and ratification by General
Assembly resolution 1763 A (XVII) of 7 November 1962
Entry into force: 9 December 1964, in accordance
with article 6
The Contracting States ,
Desiring, in conformity with the Charter of the United Nations,
to promote universal respect for, and observance of, human rights
and fundamental freedoms for all, without distinction as to race,
sex, language or religion,
Recalling that article 16 of the Universal Declaration of Human
Rights states that:
(1) Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to found
a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and
full consent of the intending spouses,
Recalling further that the General Assembly of the United Nations
declared, by resolution 843 (IX) of 17 December 1954, that certain
customs, ancient laws and practices relating to marriage and the
family were inconsistent with the principles set forth in the
Charter of the United Nations and in the Universal Declaration of
Human Rights,
Reaffirming that all States, including those which have or assume
responsibility for the administration of Non-Self-Governing and
Trust Territories until their achievement of independence, should
take all appropriate measures with a view to abolishing such
customs, ancient laws and practices by ensuring, inter alia ,
complete freedom in the choice of a spouse, eliminating completely
child marriages and the betrothal of young girls before the age of
puberty, establishing appropriate penalties where necessary and
establishing a civil or other register in which all marriages will
be recorded,
Hereby agree as hereinafter provided:
Article 1
1. No marriage shall be legally entered into without the
full and free consent of both parties, such consent to be expressed
by them in person after due publicity and in the presence of the
authority competent to solemnize the marriage and of witnesses, as
prescribed by law.
2. Notwithstanding anything in paragraph 1 above, it shall
not be necessary for one of the parties to be present when the
competent authority is satisfied that the circumstances are
exceptional and that the party has, before a competent authority and
in such manner as may be prescribed by law, expressed and not
withdrawn consent.
Article 2
States Parties to the present Convention shall take legislative
action to specify a minimum age for marriage. No marriage shall be
legally entered into by any person under this age, except where a
competent authority has granted a dispensation as to age, for
serious reasons, in the interest of the intending spouses.
Article 3
All marriages shall be registered in an appropriate official
register by the competent authority.
Article 4
1. The present Convention shall, until 31 December 1963, be
open for signature on behalf of all States Members of the United
Nations or members of any of the specialized agencies, and of any
other State invited by the General Assembly of the United Nations to
become a Party to the Convention.
2. The present Convention is subject to ratification. The
instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
Article 5
1. The present Convention shall be open for accession to all
States referred to in article 4, paragraph 1.
2. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of the United
Nations.
Article 6
1. The present Convention shall come into force on the
ninetieth day following the date of deposit of the eighth instrument
of ratification or accession.
2. For each State ratifying or acceding to the Convention
after the deposit of the eighth instrument of ratification or
accession, the Convention shall enter into force on the ninetieth
day after deposit by such State of its instrument of ratification or
accession.
Article 7
1. Any Contracting State may denounce the present Convention
by written notification to the Secretary-General of the United
Nations. Denunciation shall take effect one year after the date of
receipt of the notification by the Secretary-General.
2. The present Convention shall cease to be in force as from
the date when the denunciation which reduces the number of Parties
to less than eight becomes effective.
Article 8
Any dispute which may arise between any two or more Contracting
States concerning the interpretation or application of the present
Convention which is not settled by negotiation shall, at the request
of all the parties to the dispute, be referred to the International
Court of Justice for decision, unless the parties agree to another
mode of settlement.
Article 9
The Secretary-General of the United Nations shall notify all
States Members of the United Nations and the non-member States
contemplated in article 4, paragraph 1, of the present Convention of
the following:
( a ) Signatures and instruments of ratification received in
accordance with article 4;
( b ) Instruments of accession received in accordance with
article 5;
( c ) The date upon which the Convention enters into force
in accordance with article 6;
( d ) Notifications of denunciation received in accordance
with article 7, paragraph l;
( e ) Abrogation in accordance with article 7, paragraph 2.
Article 10
1. The present Convention, of which the Chinese, English,
French, Russian and Spanish texts shall be equally authentic, shall
be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall
transmit a certified copy of the Convention to all States Members of
the United Nations and to the non-member States contemplated in
article 4, paragraph 1.
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