The Contracting States,
Recognizing that, conflicts in law in practice with
reference to nationality arise as a result of provisions concerning
the loss or acquisition of nationality by women as a result
of marriage, of its dissolution or of the change of nationality
by the husband during marriage,
Recognizing that, in article 15 of the Universal Declaration
of Human Rights, the General Assembly of the United Nations
has proclaimed that "everyone has the right to a nationality"
and that "no one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality",
Desiring to co-operate with the United Nations in promoting
universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to sex,
Hereby agree as hereinafter provided:
Article 1
Each Contracting State agrees that neither the celebration
nor the dissolution of a marriage between one of its nationals
and an alien, nor the change of nationality by the husband during
marriage, shall automatically affect the nationality of the
wife.
Article 2
Each Contracting State agrees that neither the voluntary acquisition
of the nationality of another State nor the renunciation of
its nationality by one of its nationals shall prevent the retention
of its nationality by the wife of such national.
Article 3
1. Each Contracting State agrees that the alien wife of one
of its nationals may, at her request, acquire the nationality
of her husband through specially privileged naturalization procedures;
the grant of such nationality may be subject to such limitations
as may be imposed in the interests of national security or public
policy.
2. Each Contracting State agrees that the present Convention
shall not be construed as affecting any legislation or judicial
practice by which the alien wife of one of its nationals may,
at her request, acquire her husband's nationality as a matter
of right.
Article 4
1. The present Convention shall be open for signature and ratification
on behalf of any State Member of the United Nations and also
on behalf of any other State which is or hereafter becomes a
member of any specialized agency of the United Nations, or which
is or hereafter becomes a Party to the Statute of the International
Court of Justice, or any other State to which an invitation
has been addressed by the General Assembly of the United Nations.
2. The present Convention shall be ratified and 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 paragraph I of article 4.
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 sixth instrument of
ratification or accession.
2. For each State ratifying or acceding to the Convention after
the deposit of the sixth 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. The present Convention shall apply to all non-self-governing,
trust, colonial and other non-metropolitan territories for the
international relations of which any Contracting State is responsible;
the Contracting State concerned shall, subject to the provisions
of paragraph 2 of the present article, at the time of signature,
ratification or accession declare the non-metropolitan territory
or territories to which the Convention shall apply ipso facto
as a result of such signature, ratification or accession.
2. In any case in which, for the purpose of nationality, a
non-metropolitan territory is not treated as one with the metropolitan
territory, or in any case in which the previous consent of a
non-metropolitan territory is required by the constitutional
laws or practices of the Contracting State or of the non-metropolitan
territory for the application of the Convention to that territory,
that
Contracting State shall endeavour to secure the needed consent
of the non-metropolitan territory within the period of twelve
months from the date of signature of the Convention by that
Contracting State, and when such consent has been obtained the
Contracting State shall notify the Secretary-General of the
United Nations. The present Convention shall apply to the territory
or territories named in such notification from the date of its
receipt by the Secretary-General.
3. After the expiry of the twelve-month period mentioned in
paragraph 2 of the present article, the Contracting States concerned
shall inform the Secretary-General of the results of the consultations
with those non-metropolitan territories for whose international
relations they are responsible and whose consent to the application
of the present Convention may have been withheld.
Article 8
1. At the time of signature, ratification or accession, any
State may make reservations to any article of the present Convention
other than articles 1 and 2.
2. If any State makes a reservation in accordance with paragraph
1 of the present article, the Convention, with the exception
of those provisions to which the reservation relates, shall
have effect as between the reserving State and the other Parties.
The Secretary-General of the United Nations shall communicate
the text of the reservation to all States which are or may become
Parties to the Convention. Any State Party to the Convention
or which thereafter becomes a Party may notify the Secretary-General
that it does not agree to consider itself bound by the Convention
with respect to the State making the reservation. This notification
must be made, in the case of a State already a Party, within
ninety days from the date of the communication by the Secretary-General;
and, in the case of a State subsequently becoming a Party, within
ninety days from the date when the instrument of ratification
or accession is deposited. In the event that such a notification
is made, the Convention shall not be deemed to be in effect
as between the State making the notification and the State making
the reservation.
3. Any State making a reservation in accordance with paragraph
1 of the present article may at any time withdraw the reservation,
in whole or in part, after it has been accepted, by a notification
to this effect addressed to the Secretary-General of the United
Nations. Such notification shall take effect on the date on
which it is received.
Article 9
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 six becomes effective.
Article 10
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 any one of 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 11
The Secretary-General of the United Nations shall notify all
States Members of the United Nations and the non-member States
contemplated in paragraph 1 of article 4 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 present Convention enters into
force in accordance with article 6;
(d) Communications and notifications received in accordance
with article 8;
(e) Notifications of denunciation received in accordance
with paragraph 1 of article 9;
(f) Abrogation in accordance with paragraph 2 of article
9.
Article 12
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 paragraph 1 of article 4.
