Child Marriage – Consent to Marriage – CEDAW – UN Convention on Marriage
Author: Womens UN Report Network
Date: July 22, 2005
WUNRN
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United
Nations Convention on the Elimination of All Forms of Discrimination against
Women
New York, 18
December 1979
1.
States Parties shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women:
(a)
The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only
with their free and full consent;(c) The same rights and responsibilities during marriage and at its
dissolution;(d) The same rights and responsibilities as parents, irrespective of their
marital status, in matters relating to their children; in all cases the
interests of the children shall be paramount;(e) The same rights to decide freely and responsibly on the number and
spacing of their children and to have access to the information, education and
means to enable them to exercise these rights;(f) The same rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children, or similar institutions where
these concepts exist in national legislation; in all cases the interests of the
children shall be paramount;(g) The same personal rights as husband and wife, including the right to
choose a family name, a profession and an occupation;(h) The same rights for both spouses in respect of the ownership,
acquisition, management, administration, enjoyment and disposition of property,
whether free of charge or for a valuable consideration.2.
The betrothal and the marriage of a child shall have no legal effect, and all
necessary action, including legislation, shall be taken to specify a minimum
age for marriage and to make the registration of marriages in an official
registry compulsory.
_____________________________________________________
UN Convention on Consent to
Marriage, Minmum Age for Marriage and Registration of Marriages
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
Desiring, in conformity with the Charter of the United
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,Recalling that article 16 of the Universal Declaration
of 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 set forth in the Charter of the United
Nations and in the Universal Declaration of Human Rights,Reaffirming that all States, including those which
have or assume responsibility for the administration of Non-Self-Governing and
Trust Territories until their achievement of independence, 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,Hereby agree as hereinafter provided:
Article
1
1. 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.2. 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 circumstances are exceptional and
that the party has, before a competent authority and in such manner as may be
prescribed by law, expressed and not withdrawn consent.Article
2
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.Article
3
All marriages shall be registered in an appropriate
official register by the competent authority.Article
4
1. The present Convention shall, until 31
December 1963, be open for signature on behalf of all States Members of the
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.2. The present Convention is subject to
ratification. The instruments of ratification shall be deposited with the
Secretary-General of the United Nations.Article
5
1. The present Convention shall be open for
accession to all States referred to in article 4, paragraph 1.2. Accession shall be effected by the deposit of
an instrument of accession with the Secretary-General of the United Nations.Article
6
1. The present Convention shall come into force
on the ninetieth day following the date of deposit of the eighth instrument of
ratification or accession.2. For each State ratifying or acceding to the
Convention after the deposit of the eighth instrument of ratification or
accession, the Convention shall enter into force on the ninetieth day after deposit
by such State of its instrument of ratification or accession.Article
7
1. Any Contracting State may denounce the present
Convention by written notification to the Secretary-General of the United
Nations. Denunciation shall take effect one year after the date of receipt of
the notification by the Secretary-General.2. The present Convention shall cease to be in
force as from the date when the denunciation which reduces the number of
Parties to less than eight becomes effective.Article
8
Any dispute which may arise between any two or more
Contracting States concerning the interpretation or application of the present
Convention which is not settled by negotiation shall, at the request of all the
parties to the dispute, be referred to the International Court of Justice for
decision, unless the parties agree to another mode of settlement.Article
9
The Secretary-General of the United Nations shall
notify all States Members of the United Nations and the non-member States
contemplated in article 4, paragraph 1, of the present Convention of the
following:( a ) Signatures and instruments of ratification
received in accordance with article 4;( b ) Instruments of accession received in
accordance with article 5;( c ) The date upon which the Convention enters
into force in accordance with article 6;( d ) Notifications of denunciation received in
accordance with article 7, paragraph l;( e ) Abrogation in accordance with article 7,
paragraph 2.Article
10
1. The present Convention, of which the Chinese,
English, French, Russian and Spanish texts shall be equally authentic, shall be
deposited in the archives of the United Nations.2. The Secretary-General of the United Nations shall
transmit a certified copy of the Convention to all States Members of the United
Nations and to the non-member States contemplated in article 4, paragraph 1.
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