WUNRN
MARRIAGE WITHOUT CONSENT - WUNRN
POWER POINT:
________________________________________________________________
|
|
|
Recommendation
on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages - UN General
Assembly Resolution
Recognizing that the family group should be
strengthened because it is the basic unit of every society, and that men and
women of full age have the right to marry and to found a family, that they are
entitled to equal rights as to marriage and that marriage shall be entered into
only with the free and full consent of the intending spouses, in accordance
with the provisions of article 16 of the Universal Declaration of Human Rights,
Recalling its resolution 843 (IX) of 17 December 1954,
Recalling further article 2 of the Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery of 1956, which makes certain provisions concerning
the age of marriage, consent to marriage and registration of marriages, Recalling also that Article 13, paragraph 1 b, of the
Charter of the United Nations provides that the General Assembly shall make
recommendations for the purpose of assisting in the realization of human rights
and fundamental freedoms for all without distinction as to race, sex, language
or religion, Recalling likewise that, under Article 64 of the
Charter, the Economic and Social Council may make arrangements with the Members
of the United Nations to obtain reports on the steps taken to give effect to
its own recommendations and to recommendations on matters falling within its
competence made by the General Assembly, 1. Recommends that, where not already provided
by existing legislative or other measures, each Member State should take the
necessary steps, in accordance with its constitutional processes and its
traditional and religious practices, to adopt such legislative or other
measures as may be appropriate to give effect to the following principles: ( a ) 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. ( b ) Marriage by proxy shall be permitted only
when the competent authorities are satisfied that each party has, before a
competent authority and in such manner as may be prescribed by law, fully and
freely expressed consent before witnesses and not withdrawn such consent. Member States shall take legislative action to specify
a minimum age for marriage, which in any case shall not be less than fifteen
years of age; 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. All marriages shall be registered in an appropriate
official register by the competent authority. 2. Recommends that each Member State should
bring the Recommendation on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages contained in the present resolution before the
authorities competent to enact legislation or to take other action at the
earliest practicable moment and, if possible, no later than eighteen months
after the adoption of the Recommendation; 3. Recommends that Member States should inform
the Secretary-General, as soon as possible after the action referred to in
paragraph 2 above, of the measures taken under the present Recommendation to
bring it before the competent authority or authorities, with particulars
regarding the authority or authorities considered as competent; 4. Recommends further that Member States should
report to the Secretary-General at the end of three years, and thereafter at
intervals of five years, on their law and practice with regard to the matters
dealt with in the present Recommendation, showing the extent to which effect
has been given or is proposed to be given to the provisions of the
Recommendation and such modifications as have been found or may be found
necessary in adapting or applying it; 5. Requests the Secretary-General to prepare for
the Commission on the Status of Women a document containing the reports
received from Governments concerning methods of implementing the three basic
principles of the present Recommendation; 6. Invites the Commission on the Status of Women
to examine the reports received from Member States pursuant to the present
Recommendation and to report thereon to the Economic and Social Council with
such recommendations as it may deem fitting. General Assembly Resolution 2018 (XX) of 1 November 1965
Principle I
Principle II
Principle III
================================================================
To contact the list administrator, or to leave the list, send an email to:
wunrn_listserve-request@lists.wunrn.com. Thank you.