Declarations and
Reservations
(Unless
otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)
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Bangladesh10
Reservations:
Articles 1 and 2:
"The
Government of the People's Republic of Bangladesh reserves the right to
apply the provisions of articles 1 and 2 in so far as they relate to the
question of legal validity of child marriage, in accordance with the
Personal Laws of different religious communities of the country.
Article 2:
The
Government of the People's Republic of Bangladesh, in acceding to the
Convention will not be bound by the exception clause of article 2
viz . except where a competent authority has granted a dispensation
as to age, for serious reasons, in the interest of the intending spouses".
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Denmark
"With
the reservation that article 1, paragraph 2, shall not apply to the
Kingdom of Denmark."
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Dominican Republic
The
Dominican Republic wishes the laws of the Dominican Republic to continue
to have precedence in respect of the possibility, provided for in article
1, paragraph 2, of entering into a civil marriage by means of a proxy or
procuration. Consequently, it can accept the said provisions only
with reservations.
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Fiji
"The
Government of Fiji withdraws the reservation, and declarations in respect
of the law of Scotland and in respect of Southern Rhodesia, made on 9th
July, 1970 by Her Majesty's Government in the United Kingdom, and affirms
that the Government of Fiji declares it to be their understanding that:
"(a)
paragraph 1 of Article 1, and the second sentence of Article 2, of the
Convention are concerned with the entry into marriage under the laws of a
State Party and not with the recognition under the laws of one State or
territory of the validity of marriages contracted under the laws of
another State or territory; and
(b) paragraph 2 of Article
1 does not require legislative provision to be made where no such
legislation already exists, for marriages to be contracted in the absence
of one of the parties."
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Finland
"With
the reservation that article 1, paragraph 2, shall not apply to the
Republic of Finland."
"With
the reservation that article 1, paragraph 2, shall not apply to the
Republic of Finland."
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France
France
declares that it will apply article 1 (2) of the Convention in accordance
with its domestic laws reserving marriage celebrations in the absence of
one of the parties only to exceptions expressly provided for in its
legislation.
France declares that it
will apply article 1 (1) of the Convention in accordance with its
domestic legislation on the conditions for exemption from the formality
of publication.
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Greece
With
reservation to article 1, paragraph 2, of the Convention.
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Guatemala
Reservation:
With
regard to article 1, paragraph 1, of the Convention, Guatemala declares
that since its legislation, in respect of its nationals, does not call
for the requirements relating to publicity of the marriage and the
presence of witnesses for it to be solem- nized, it does not consider
itself obliged to comply with those requirements where the parties are
Guatemalans.
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Hungary
In
acceding to the Convention, the Presidential Council of the Hungarian
People's Republic declares that it does not consider paragraph 2 of
article 1 of the Convention as binding the Hungarian People's Republic to
grant, under the terms thereof, permit of marriage when one of the
intending spouses is not present.
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Iceland
"Article
1, paragraph 2, shall not apply to the Republic of Iceland."
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Netherlands
In
signing the Convention on Consent to Marriage, Minimum Age for Marriage
and Registration of Marriages, [the Government of the Netherlands] hereby
declare that, in view of the equality which exists, from the standpoint
of public law, between the Netherlands, Surinam and the Netherlands
Antilles, the Government of the Kingdom reserves the right to ratify the
Convention in respect of only one or two parts of the Kingdom and to
declare at a later date, by written notification to the
Secretary-General, that the Convention is to apply also to the other part
or parts of the Kingdom.
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Norway
"With
the reservation that article 1, paragraph 2, shall not apply to the
Kingdom of Norway."
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Philippines
"The
Convention on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages was adopted for the purpose, among other
things, of insuring to all persons complete freedom in the choice of a
spouse. The first paragraph of Article 1 of the Convention requires
that the full and free consent of both parties shall be expressed in the
presence of the competent authority and of witnesses.
"Considering the
provisions of its Civil Code, the Philippines, in ratifying this
Convention interprets the second paragraph of Article 1 (which
authorizes, in exceptional cases, the solemnization of marriage by proxy)
as not imposing upon the Philippines the obligation to allow within its
territory the celebration of proxy marriages or marriages of the kind
contemplated in that paragraph, where such manner of marriage is not
authorized by the laws of the Philippines. Rather, the solemnization
within Philippine territory of a marriage in the absence of one of the
parties under the conditions stated in said paragraph will be permitted only
if so allowed by Philippine law."
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Romania
Reservation:
Romania
will not apply the provisions of article 1, paragraph 2, of the
Convention, regarding the celebration of marriage in the absence of one
of the future spouses.
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Sweden
With
reservation to article 1, paragraph 2, of the Convention.
With
reservation to article 1, paragraph 2, of the Convention.
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United
Kingdom of Great Britain and Northern Ireland 11
United Kingdom of Great Britain and Northern Ireland11
"(a)
. . .
"(b) It is the
understanding of the Government of the United Kingdom that paragraph (1)
of article 1 and the second sentence of article 2, of the Convention are
concerned with entry into marriage under the laws of a State Party and
not with the recognition under the laws of one State or territory of the
validity of marriages contracted under the laws of another State or
territory; nor is paragraph (1) of article 1 applicable to marriages by
cohabitation with habit and repute under the law of Scotland;
"(c) Paragraph (2) of
article 1 does not require legislative provision to be made, where no
such legislation already exists, for marriages to be contracted in the
absence of one of the parties;
"(d) The provisions of
the Convention shall not apply to Southern Rhodesia unless and until the
Government of the United Kingdom inform the Secretary-General that they
are in a position to ensure that the obligations imposed by the
Convention in respect of that territory can be fully implemented."
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United States of America
"With
the understanding that legislation in force in the various States of the
United States of America is in conformity with this Convention and that
action by the United States of America with respect to this Convention
does not constitute acceptance of the provisions of article 8 as a
precedent for any subsequent instruments."
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Venezuela
(Bolivarian Republic of)
Venezuela (Bolivarian Republic of)
[ See chapter XVI.1 .]
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(Unless
otherwise indicated, the reservations were made
upon ratification, accession or succession.)
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Finland
13 December 1999
With regard to the reservations made by Bangladesh upon accession:
"
The Government of Finland notes that the reservation of Bangladesh, being
of such a general nature, raises doubts as to the full commitment of
Bangladesh to the object and purpose of the Convention and would like to
recall that, according to the Vienna Convention on the Law of the
Treaties, a reservation incompatible with the object and purpose of the
Convention shall not be permitted.
Furthermore, reservations
are subject to the general principle of treaty interpretation according
to which a party may not invoke the provisions of its domestic law as
justification for a failure to perform its treaty obligations.
Therefore the Government of
Finland objects to the aforesaid reservations made by the Government of
Bangladesh. This objection does not preclude the entry into force
of the Convention between Bangladesh and Finland. The Convention
will thus become operative between the two States without Bangladesh
benefitting from this reservation".
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Sweden
14 December 1999
With regard to the reservations made by Bangladesh upon accession:
“The
Government of Sweden notes that the reservations include a reservation of
a general kind, in respect of articles 1 and 2, which reads as follows:
[See reservation to
Articles 1 and 2 made by Bangladesh under “Reservations and
Declarations " .]
The Government of Sweden is
of the view that this general reservation, referring to the Personal Laws
of different religious communities of the country, raises doubts as to
the commitment of Bangladesh to the object and purpose of the Convention
and would recall that, according to well-established international law, a
reservation incompatible with the object and purpose of a treaty shall
not be permitted.
It is in the common
interest of States that treaties to which they have chosen to become
parties are respected, as to their object and purpose, by all parties and
that States are prepared to undertake any legislative changes necessary
to comply with their obligations under these treaties.
The Government of Sweden
therefore objects to the aforesaid general reservation made by the
Government of Bangladesh to the Convention on Consent to Marriage,
Minimum Age for Marriage and Registration of Marriages.
This objection does not
preclude the entry into force of the Convention between Bangladesh and
Sweden. The Convention will thus become operative between the two
States without Bangladesh benefitting from the reservation".
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Participant
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Date
of receipt of the notification
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Territories
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Netherlands
12
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2
Jul 1965
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Netherlands
Antilles and Suriname
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United
Kingdom of Great Britain and Northern Ireland 3,
11
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9
Jul 1970
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Associated
States (Antigua, Dominica, Grenada, Saint Kitts-Nevis-Anguilla, Saint
Lucia and Saint Vincent), State of Brunei, Territories under the
territorial sovereignty of the United Kingdom
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15
Oct 1974
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Montserrat
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1.
Official Records of the General Assembly, Seventeenth Session, Supplement
No. 17 (A/5217), p. 28.
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2.Signed
on behalf of the Republic of China on 4 April 1963. See note
concerning signatures, ratifications, accessions, etc., on behalf of China
(note 1 under “China” in the “Historical Information” section in the
front matter of this volume).
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3.On
10 June 1997, the Governments of China and the United Kingdom of Great
Britain and Northern Ireland notified the Secretary-General of the following:
China:
[ Same notification as the one made under note 6 in chapter V.3.
]
United Kingdom of Great Britain and Northern Ireland:
[ Same notification as the one made under note 5 in chapter
IV.1. ]
In addition, the notification made by the Government of China
contained the following declaration:
1. It is the understanding of the Government of the People's
Republic of China that article 1 (2) of the [said Convention] does not
require legislative provision to be made, where no such legislation already
exists in the Hong Kong Special Administrative Region, for marriage to be
contracted in the absence of one of the parties.
2. The signature by the Taiwan authorities of China on 4 April 1963
of the [said Convention] is illegal and null and void.
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4.The
former Yugoslavia had signed and ratified the Convention on 10 December
1962 and 19 June 1964, respectively. See also note 1 under “Bosnia
and Herzegovina”, “Croatia”, “former Yugoslavia”, “The Former Yugoslav
Republic of Macedonia” and “Yugoslavia” in the “Historical Information”
section in the front matter of this volume.
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5.Czechoslovakia
had signed and ratified the Convention on 8 October 1963 and 5 March
1965, respectively. See also note 1 under “Czech Republic” and note 1
under “Slovakia” in the “Historical Information” section in the front
matter of this volume.
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6.See
note 1 under “Germany” regarding Berlin (West) in the “Historical
Information” section in the front matter of this volume.
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7.The
German Democratic Republic had acceded to the Convention on 16 July 1974.
See note 2 under “Germany” in the “Historical Information” section
in the front matter of this volume.
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8.See
note 1 under "Montenegro" in the "Historical
Information" section in the front matter of this volume.
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9.The
formality was effected by Democratic Yemen. See also note 1
under “Yemen” in the “Historical Information” section in the front matter
of this volume.
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10.In
this regard, the Secretary-General received the following communications
on the dates indicated hereinafter:
Germany (17 December 1999):
“The Government of the Federal Republic of Germany notes that this
constitutes a reservation of a general nature in respect of provisions of
the Convention which may be contrary to the domestic law of Bangladesh.
The Government of the Federal Republic of Germany is of the view
that this general reservation raises doubts as to the full commitment of
Bangladesh to the object and purpose of the Convention. In view of
the fact that the Convention contains only ten short articles the
reservation to one of its core principles seems particularly problematic.
It is in the common interest of States that treaties to which they
have chosen to become Parties are respected, as to their object and purpose,
by all Parties and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under these treaties.
The Government of the Federal Republic of Germany therefore objects
to this reservation made by the Government of the People's Republic of
Bangladesh. This objection does not preclude the entry into force
of the Convention between the Federal Republic of Germany and the
People's Republic of Bangladesh".
Netherlands (20 December 1999):
“The Government of the Kingdom of the Netherlands considers that
such a reservation, which seeks to limit the responsibilities of the
reserving State under the Convention by invoking national law, may raise
doubts as to the commitment of this State to the object and purpose of
the Convention and, moreover, contribute to undermining the basis of
international treaty law.
It is in the common interest of States that treaties to which they
have chosen to become parties should be respected, as to object and
purpose, by all parties.
The Government of the Kingdom of the Netherlands therefore objects
to the aforesaid reservation made by the GovernmentBangladesh.
This objection shall not preclude the entry into force of the
Convention between the Kingdom of the Netherlands and Bangladesh.”
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11.In
a notification received on 15 October 1974, the Government of the United
Kingdom informed the Secretary-General of the withdrawal of the
reservation corresponding to sub-paragraph a, according to which it
reserved the right to postpone the application of article 2 of the
Convention to Montserrat pending notification to the Secretary-General
that the said article would be applied there.
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12.See
note 1 under “Netherlands” regarding Aruba/Netherlands Antilles in the
“Historical Information” section in the front matter of this volume.
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