Draft Convention and Draft Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

A/RES/1763(XVII)View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 44 Draft convention and draft recommendation on consent to marriage, minimum age for marriage registration of marriages, published in 1963.

What subjects does this mandate have?

2 subjects

Marriage Law Treaties (Text)

What’s in this document?

1 operative paragraph

A

Decides to open the Convention annexed to the present Article 5 resolution for signature and ratification on l O Decemher 1962.

States referred to in article 4, paragraph l.

7 November 1962.

CONVENTION ON CONSENT TO MARRIAGE, MINIMUM AGE FOR MARRIAGE AND REGISTRATION OF MARRIAGES

Nations, to promote universal respect for, and observance of, human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, Human Rights states that:

"(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

"(2) Marriage shall be entered into only with the free and full consent of the intending spouses.",

Recalling further that the General Assembly of the United Nations declared, by resolution 843 (IX) of 17 December 1954, that certain customs, ancient laws and practices relating to marriage and the family were inconsistent with the principles Universal Declaration of Human Rights,

Reaffirming that all States, including those which have or assume responsibility for the administration of N on-Self-Govpendence, should take all appropriate measures with a view to abolishing such customs, ancient laws and practices by ensuring, inter alia, complete freedom in the choice of a spouse, eliminating completely child marriages and the betrothal of young girls before the age of puberty, establishing appropriate penalties where necessary and establishing a civil or other register in which all marriages will be recorded,

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.

Notwithstanding anything in paragraph 1 above, it shall not be necessary for one of the parties to be present when the competent authority is satisfied that the circumstanc-es are exceptional and that the party has, before a competent authority and i~ such manner as may be prescribed by law, expressed and not withdrawn consent.

States parties to the present Convention shall take legislative action to specify a minimum age for marriage. 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 nfficial register by the competent authority. CONVENTION ON CONSENT TO MARRIAGE, l\hNIMUlll AGE FOR MARRIAGE AND REGISTRATION OF MAR-

The present Convention shall, until 31 December 1963 be RL\(;ES United Nations or members of any of the specialized agencies, and of any other State invited by the General Assembly of the United Nations to become a party to the Convention.

The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary- General of the United Nations.

The present Convention shall be open for accession to all

Accession shall be effected by the deposit of an instrument of accession with thf" Secn't,1ry General of the United Nations.

The Secretary-General of the Unite<l Nations shall trans-

DRAFT RECOMMENDATION ON CONSF.NT TO MARRIAGE .M IND-lt:'M AGE FOR MARRIAGE AND RRGISTRATIO~ OF MARRIAGES

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

A

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