The Contracting States,
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not withdrawn consent.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.
