Convention on Consent to Marriage, Minmum Age for Marriage and Registration
of Marriages
Text in PDF Format
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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