{"id":1900,"date":"2019-06-09T14:52:26","date_gmt":"2019-06-09T14:52:26","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=1900"},"modified":"2019-06-09T15:33:04","modified_gmt":"2019-06-09T15:33:04","slug":"convention-on-consent-to-marriage-minimum-age-for-marriage-and-registration-of-marriages","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=1900","title":{"rendered":"Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages"},"content":{"rendered":"

Opened for signature and ratification by General Assembly resolution 1763 A (XVII) of 7<\/strong>
\nNovember 1962<\/strong>
\nEntry into force: 9 December 1964, in accordance with article 6<\/strong>
\nThe Contracting States ,<\/strong>
\nDesiring,<\/strong><\/em> in conformity with the Charter of the United Nations, to promote universal respect for, and
\nobservance of, human rights and fundamental freedoms for all, without distinction as to race, sex,
\nlanguage or religion,<\/p>\n

Recalling<\/strong><\/em> that article 16 of the Universal Declaration of Human Rights states that:
\n(1) Men and women of full age, without any limitation due to race, nationality or religion, have the
\nright to marry and to found a family. They are entitled to equal rights as to marriage, during marriage
\nand at its dissolution.
\n(2) Marriage shall be entered into only with the free and full consent of the intending spouses,<\/p>\n

Recalling<\/strong><\/em> further that the General Assembly of the United Nations declared, by resolution 843 (IX) of
\n17 December 1954, that certain customs, ancient laws and practices relating to marriage and the
\nfamily were inconsistent with the principles set forth in the Charter of the United Nations and in the
\nUniversal Declaration of Human Rights,<\/p>\n

Reaffirming<\/strong><\/em> that all States, including those which have or assume responsibility for the administration
\nof Non-Self-Governing and Trust Territories until their achievement of independence, should take all
\nappropriate measures with a view to abolishing such customs, ancient laws and practices by ensuring,
\ninter alia , complete freedom in the choice of a spouse, eliminating completely child marriages and the
\nbetrothal of young girls before the age of puberty, establishing appropriate penalties where necessary
\nand establishing a civil or other register in which all marriages will be recorded,<\/p>\n

Hereby agree as hereinafter provided:<\/p>\n

Article 1<\/strong><\/em><\/span>
\n1. No marriage shall be legally entered into without the full and free consent of both parties, such
\nconsent to be expressed by them in person after due publicity and in the presence of the authority
\ncompetent to solemnize the marriage and of witnesses, as prescribed by law.
\n2. Notwithstanding anything in paragraph 1 above, it shall not be necessary for one of the parties to
\nbe present when the competent authority is satisfied that the circumstances are exceptional and that
\nthe party has, before a competent authority and in such manner as may be prescribed by law,
\nexpressed and not withdrawn consent.<\/p>\n

Article 2<\/strong><\/em><\/span>
\nStates Parties to the present Convention shall take legislative action to specify a minimum age for
\nmarriage. No marriage shall be legally entered into by any person under this age, except where a
\ncompetent authority has granted a dispensation as to age, for serious reasons, in the interest of the
\nintending spouses.<\/p>\n

Article 3<\/strong><\/em><\/span>
\nAll marriages shall be registered in an appropriate official register by the competent authority.<\/p>\n

Article 4<\/strong><\/em><\/span>
\n1. The present Convention shall, until 31 December 1963, be open for signature on behalf of all States
\nMembers of the United Nations or members of any of the specialized agencies, and of any other State
\ninvited by the General Assembly of the United Nations to become a Party to the Convention.<\/p>\n

2. The present Convention is subject to ratification. The instruments of ratification shall be deposited
\nwith the Secretary-General of the United Nations.<\/p>\n

Article 5<\/strong><\/em><\/span>
\n1. The present Convention shall be open for accession to all States referred to in article 4, paragraph
\n1.
\n2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General
\nof the United Nations.<\/p>\n

Article 6<\/strong><\/em><\/span>
\n1. The present Convention shall come into force on the ninetieth day following the date of deposit of
\nthe eighth instrument of ratification or accession.
\n2. For each State ratifying or acceding to the Convention after the deposit of the eighth instrument of
\nratification or accession, the Convention shall enter into force on the ninetieth day after deposit by
\nsuch State of its instrument of ratification or accession.<\/p>\n

Article 7<\/strong><\/em><\/span>
\n1. Any Contracting State may denounce the present Convention by written notification to the
\nSecretary-General of the United Nations. Denunciation shall take effect one year after the date of
\nreceipt of the notification by the Secretary-General.
\n2. The present Convention shall cease to be in force as from the date when the denunciation which
\nreduces the number of Parties to less than eight becomes effective.<\/p>\n

Article 8<\/strong><\/em><\/span>
\nAny dispute which may arise between any two or more Contracting States concerning the
\ninterpretation or application of the present Convention which is not settled by negotiation shall, at the
\nrequest of all the parties to the dispute, be referred to the International Court of Justice for decision,
\nunless the parties agree to another mode of settlement.<\/p>\n

Article 9<\/strong><\/em><\/span>
\nThe Secretary-General of the United Nations shall notify all States Members of the United Nations and
\nthe non-member States contemplated in article 4, paragraph 1, of the present Convention of the
\nfollowing:
\n( a ) Signatures and instruments of ratification received in accordance with article 4;
\n( b ) Instruments of accession received in accordance with article 5;
\n( c ) The date upon which the Convention enters into force in accordance with article 6;
\n( d ) Notifications of denunciation received in accordance with article 7, paragraph l;
\n( e ) Abrogation in accordance with article 7, paragraph 2.<\/p>\n

Article 10<\/strong><\/em><\/span>
\n1. The present Convention, of which the Chinese, English, French, Russian and Spanish texts shall be
\nequally authentic, shall be deposited in the archives of the United Nations.
\n2. The Secretary-General of the United Nations shall transmit a certified copy of the Convention to all
\nStates Members of the United Nations and to the non-member States contemplated in article 4,
\nparagraph 1.<\/p>\n","protected":false},"excerpt":{"rendered":"

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 ,<\/p>

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