CHAPTER XVI

STATUS OF WOMEN3Convention on Consent to Marriage, Minimum Age for Marriage and Registration of MarriagesNew York, 10 December 1962Entry into force9 December 1964 by the exchange of the said letters, in accordance with article 6.Registration23 December 1964, No. 7525StatusSignatories16Parties55TextUnited Nations, <i>Treaty Series </i>, vol. 521, p. 231.The Convention was opened for signature pursuant to resolution 1763 (XVII),<superscript>1</superscript> adopted by the General Assembly of the United Nations on 7 November 1962.

Participant<superscript>2,3</superscript>SignatureRatification, Accession(a), Succession(d)Antigua and Barbuda25 Oct 1988 dArgentina26 Feb 1970 aAustria 1 Oct 1969 aAzerbaijan16 Aug 1996 aBangladesh 5 Oct 1998 aBarbados 1 Oct 1979 aBenin19 Oct 1965 aBosnia and Herzegovina<superscript>4</superscript> 1 Sep 1993 dBrazil11 Feb 1970 aBurkina Faso 8 Dec 1964 aChile10 Dec 1962 Côte d'Ivoire18 Dec 1995 aCroatia<superscript>4</superscript>12 Oct 1992 dCuba17 Oct 1963 20 Aug 1965 Cyprus30 Jul 2002 aCzech Republic<superscript>5</superscript>22 Feb 1993 dDenmark31 Oct 1963 8 Sep 1964 Dominican Republic 8 Oct 1964 aFiji19 Jul 1971 dFinland18 Aug 1964 aFrance10 Dec 1962 14 Oct 2010 Germany<superscript>6,7</superscript> 9 Jul 1969 aGreece 3 Jan 1963 Guatemala18 Jan 1983 aGuinea10 Dec 1962 24 Jan 1978 Hungary 5 Nov 1975 aIceland18 Oct 1977 aIsrael10 Dec 1962 Italy20 Dec 1963 Jordan 1 Jul 1992 aKyrgyzstan10 Feb 1997 aLiberia16 Sep 2005 aLibya 6 Sep 2005 aMali19 Aug 1964 aMexico22 Feb 1983 aMongolia 6 Jun 1991 aMontenegro<superscript>8</superscript>23 Oct 2006 dNetherlands10 Dec 1962 2 Jul 1965 New Zealand23 Dec 1963 12 Jun 1964 Niger 1 Dec 1964 aNorway10 Sep 1964 aPhilippines 5 Feb 1963 21 Jan 1965 Poland17 Dec 1962 8 Jan 1965 Romania27 Dec 1963 21 Jan 1993 Rwanda26 Sep 2003 aSamoa24 Aug 1964 aSerbia<superscript>4</superscript>12 Mar 2001 dSlovakia<superscript>5</superscript>28 May 1993 dSouth Africa29 Jan 1993 aSpain15 Apr 1969 aSri Lanka12 Dec 1962 St. Vincent and the Grenadines27 Apr 1999 dSweden10 Dec 1962 16 Jun 1964 The former Yugoslav Republic of Macedonia<superscript>4</superscript>18 Jan 1994 dTrinidad and Tobago 2 Oct 1969 aTunisia24 Jan 1968 aUnited Kingdom of Great Britain and Northern Ireland 9 Jul 1970 aUnited States of America10 Dec 1962 Venezuela (Bolivarian Republic of)31 May 1983 aYemen<superscript>9</superscript> 9 Feb 1987 aZimbabwe23 Nov 1994 aBangladesh<superscript>10</superscript>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 <i>viz </i>. except where a competent authority has granted a dispensation as to age, for serious reasons, in the interest of the intending spouses".Denmark"With the reservation that article 1, paragraph 2, shall not apply to the Kingdom of Denmark."Dominican RepublicThe 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.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."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."FranceFrance 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.GreeceWith reservation to article 1, paragraph 2, of the Convention.Guatemala<i>Reservation: </i>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.HungaryIn 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.Iceland"Article 1, paragraph 2, shall not apply to the Republic of Iceland."NetherlandsIn 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.Norway"With the reservation that article 1, paragraph 2, shall not apply to the Kingdom of Norway."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."Romania<i>Reservation: </i>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.SwedenWith reservation to article 1, paragraph 2, of the Convention.With reservation to article 1, paragraph 2, of the Convention.United Kingdom of Great Britain and Northern Ireland<superscript>11</superscript>"(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."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."Venezuela (Bolivarian Republic of)<center>[ <i>See chapter XVI.1 </i>.] </center>Finland<right>13  December 1999</right>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".Sweden<right>14 December 1999</right>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:<i>[See reservation to Articles 1 and 2 made by Bangladesh under <b>“Reservations and Declarations " </b>.] </i>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".

ParticipantDate of receipt of the notificationTerritories

Netherlands<superscript>12</superscript> 2 Jul 1965Netherlands Antilles and SurinameUnited Kingdom of Great Britain and Northern Ireland<superscript>3,11</superscript> 9 Jul 1970Associated States (Antigua, Dominica, Grenada, Saint Kitts-Nevis-Anguilla, Saint Lucia and Saint Vincent), State of Brunei, Territories under the territorial sovereignty of the United Kingdom15 Oct 1974Montserrat1<i> Official Records of the General Assembly, Seventeenth Session, Supplement No. 17 </i>(A/5217), p. 28.2Signed 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).3On 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:[ <i>Same notification as the one made under note 6 in chapter V.3. </i>]United Kingdom of Great Britain and Northern Ireland:[ <i>Same notification as the one made under note 5 in chapter IV.1. </i>]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.4The 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.5Czechoslovakia 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.6See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.7The 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.8See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.9The formality was effected by Democratic Yemen. See also note 1 under “Yemen” in the “Historical Information” section in the front matter of this volume.10In this regard, the Secretary-General received the following communications on the dates indicated hereinafter:<i>Germany (17 December 1999): </i>“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".<i>Netherlands (20 December 1999): </i>“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.”11In 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.12See note 1 under “Netherlands” regarding Aruba/Netherlands Antilles in the “Historical Information” section in the front matter of this volume.