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STATUS AS AT : 15-04-2014 08:07:12 EDT
CHAPTER XVI
STATUS OF WOMEN
3 . Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
New York, 10 December 1962
Entry into force
:
9 December 1964 by the exchange of the said letters, in accordance with article 6.
Registration :
23 December 1964, No. 7525
Status :
Signatories : 16. Parties : 55
Text :
United Nations,  Treaty Series , vol. 521, p. 231.
Note :
The Convention was opened for signature pursuant to resolution 1763 (XVII),1 adopted by the General Assembly of the United Nations on 7 November 1962.
Participant 2, 3
Signature
Ratification, Accession(a), Succession(d)
Antigua and Barbuda
  25 Oct 1988 d
Argentina
  26 Feb 1970 a
Austria
   1 Oct 1969 a
Azerbaijan
  16 Aug 1996 a
Bangladesh
   5 Oct 1998 a
Barbados
   1 Oct 1979 a
Benin
  19 Oct 1965 a
Bosnia and Herzegovina 4
   1 Sep 1993 d
Brazil
  11 Feb 1970 a
Burkina Faso
   8 Dec 1964 a
Chile
10 Dec 1962
 
Côte d'Ivoire
  18 Dec 1995 a
Croatia 4
  12 Oct 1992 d
Cuba
17 Oct 1963
20 Aug 1965
Cyprus
  30 Jul 2002 a
Czech Republic 5
  22 Feb 1993 d
Denmark
31 Oct 1963
 8 Sep 1964
Dominican Republic
   8 Oct 1964 a
Fiji
  19 Jul 1971 d
Finland
  18 Aug 1964 a
France
10 Dec 1962
14 Oct 2010
Germany 6, 7
   9 Jul 1969 a
Greece
 3 Jan 1963
 
Guatemala
  18 Jan 1983 a
Guinea
10 Dec 1962
24 Jan 1978
Hungary
   5 Nov 1975 a
Iceland
  18 Oct 1977 a
Israel
10 Dec 1962
 
Italy
20 Dec 1963
 
Jordan
   1 Jul 1992 a
Kyrgyzstan
  10 Feb 1997 a
Liberia
  16 Sep 2005 a
Libya
   6 Sep 2005 a
Mali
  19 Aug 1964 a
Mexico
  22 Feb 1983 a
Mongolia
   6 Jun 1991 a
Montenegro 8
  23 Oct 2006 d
Netherlands
10 Dec 1962
 2 Jul 1965
New Zealand
23 Dec 1963
12 Jun 1964
Niger
   1 Dec 1964 a
Norway
  10 Sep 1964 a
Philippines
 5 Feb 1963
21 Jan 1965
Poland
17 Dec 1962
 8 Jan 1965
Romania
27 Dec 1963
21 Jan 1993
Rwanda
  26 Sep 2003 a
Samoa
  24 Aug 1964 a
Serbia 4
  12 Mar 2001 d
Slovakia 5
  28 May 1993 d
South Africa
  29 Jan 1993 a
Spain
  15 Apr 1969 a
Sri Lanka
12 Dec 1962
 
St. Vincent and the Grenadines
  27 Apr 1999 d
Sweden
10 Dec 1962
16 Jun 1964
The former Yugoslav Republic of Macedonia 4
  18 Jan 1994 d
Trinidad and Tobago
   2 Oct 1969 a
Tunisia
  24 Jan 1968 a
United Kingdom of Great Britain and Northern Ireland
   9 Jul 1970 a
United States of America
10 Dec 1962
 
Venezuela (Bolivarian Republic of)
  31 May 1983 a
Yemen 9
   9 Feb 1987 a
Zimbabwe
  23 Nov 1994 a
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)
Bangladesh 10

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".

Denmark
       "With the reservation that article 1, paragraph 2, shall not apply to the Kingdom of Denmark."

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.

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."

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.
Greece
       With reservation to article 1, paragraph 2, of the Convention.

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.

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.

Iceland
       "Article 1, paragraph 2, shall not apply to the Republic of Iceland."

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.

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

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.

Sweden
       With 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 11
       "(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)
       
[ See chapter XVI.1 .]


Objections
(Unless otherwise indicated, the reservations were made
upon ratification, accession or succession.)
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".

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".

Territorial Application
Participant
Date of receipt of the notification
Territories
Netherlands 12 2 Jul 1965 Netherlands Antilles and Suriname
United Kingdom of Great Britain and Northern Ireland 3, 11 9 Jul 1970 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
  15 Oct 1974 Montserrat
End Note
1. Official Records of the General Assembly, Seventeenth Session, Supplement No. 17  (A/5217), p. 28.
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).
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.

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.
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.
6.See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.
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.
8.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
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.
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.”

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.
12.See note 1 under “Netherlands” regarding Aruba/Netherlands Antilles in the “Historical Information” section in the front matter of this volume.