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

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Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages
Drafted7 November 1962
Effective9 December 1964
Condition90 days after the 8th ratification
Signatories16
Parties55
Languages English, French, Chinese, Russian, Spanish
Full text
Wikisource-logo.svg Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages at Wikisource

The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages is a treaty agreed upon in the United Nations on the standards of marriage. The treaty was drafted by the Commission on the Status of Women and opened for signature and ratification by General Assembly resolution 1763 A (XVII) on 7 November 1962. It was entered into force 9 December 1964 by exchange of letters, in accordance with article 6. The convention has been signed by 16 countries and there are 55 parties to the convention. [1] The convention is based on article 16 of the Universal Declaration of Human Rights. [1] The Convention reaffirms the consensual nature of marriages and requires the parties to establish a minimum marriage age by law and to ensure the registration of marriages. [2]

Contents

History

The idea for the convention first developed during the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery adopted by a Conference of Plenipotentiaries in 1956. [3] This 1956 convention included articles which asserted that underage and forced marriage was a form of slavery. Within article 1 of the convention, certain types of marriage were classified as slavery. The convention stated that institutions or practices that included forced marriage for payment, the transfer of a woman from her marriage/marriage family to transfer her for value, the transfer of a woman upon the death of the husband. [3]

In 1957, the Commission on the Status of Women requested the Economic and Social Council to work on the convention. [4] The draft articles, comments, and revised text were requested by the Commission in its twelfth session in 1958. The Commission on the Status of Women requested the Secretary-General to draft a convention and a recommendation on this issues. [4]

Summary of Articles

Article 1: Marriages should be entered into with the "full and free consent" of both parties.

Article 2: States participating in the convention shall set laws for the minimum age of marriage.

Article 3: Marriages should be registered by the relevant authority.

Article 4: The convention was open for signature until 31 December 1963 and is subject to ratification.

Article 5: The convention is open for accession for all states referred to in Article 4.

Article 6: This article details the date of accession for all states that are part of the Convention

Article 7: This articles outlines the process of denunciation of the Convention

Article 8: Disputes regarding interpretation or application should be referred to the International Court of Justice.

Article 9: The Secretary-General shall notify relevant parties of signatures, instruments, date that the Convention enters into force, notifications of denunciation, and abrogation.

Article 10: The convention is published in several languages and is deposited in the archives of the United Nations. The Secretary-General shall transmit a copy to relevant parties. [5]

List of signatories and parties

ParticipantSignatureRatification, accession, succession
Antigua and Barbuda25 Oct 1988
Argentina26 Feb 1970
Austria1 Oct 1969
Azerbaijan16 Aug 1996
Bangladesh5 Oct 1998
Barbados1 Oct 1979
Benin19 Oct 1965
Bosnia and Herzegovina1 Sep 1993
Brazil11 Feb 1970
Burkina Faso8 Dec 1964
Chile10 Dec 1962
Côte d'Ivoire18 Dec 1995
Croatia12 Oct 1992
 Canada    23 Mar 1991
Cuba17 Oct 196320 Aug 1965
Cyprus30 Jul 2002
Czech Republic22 Feb 1993
Denmark31 Oct 19638 Sep 1964
Dominican Republic8 Oct 1964
Fiji19 Jul 1971
Finland18 Aug 1964
France10 Dec 196214 Oct 2010
Germany9 Jul 1969
Greece3 Jan 1963
Guatemala18 Jan 1983
Guinea10 Dec 196224 Jan 1978
Hungary5 Nov 1975
Iceland18 Oct 1977
Israel10 Dec 1962
Italy20 Dec 1963
Jordan1 Jul 1992
Kyrgyzstan10 Feb 1997
Liberia16 Sep 2005
Libya6 Sep 2005
Macedonia18 Jan 1994
Mali19 Aug 1964
Mexico22 Feb 1983
Mongolia6 Jun 1991
Montenegro23 Oct 2006
Netherlands10 Dec 19622 Jul 1965
New Zealand23 Dec 196312 Jun 1964
Niger1 Dec 1964
Norway10 Sep 1964
Philippines5 Feb 196321 Jan 1965
Poland17 Dec 19628 Jan 1965
Romania27 Dec 196321 Jan 1993
Rwanda26 Sep 2003
Samoa24 Aug 1964
Serbia12 Mar 2001
Slovakia28 May 1993
South Africa29 Jan 1993
Spain15 Apr 1969
Sri Lanka12 Dec 1962
St. Vincent and the Grenadines27 Apr 1999
Sweden10 Dec 196216 Jun 1964
Trinidad and Tobago2 Oct 1969
Tunisia24 Jan 1968
United Kingdom9 Jul 1970
United States10 Dec 1962
Venezuela31 May 1983
Yemen9 Feb 1987
Yugoslavia10 Dec 196219 June 1964
Zimbabwe23 Nov 1994

Status of child marriage

Despite the development of this convention, child marriage and forced marriage are still an issue worldwide. More than 12 million girls were forced into marriage in 2020. [6]

On December 10, 2019, then Philippine president Rodrigo R. Duterte signed into law Republic Act 11596 or the "An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof" thereby criminalizing the practice of child marriage in the Philippines. The law was enacted in compliance with the Philippine obligation under the convention. The law prohibits marriage between a child and a child or between an adult and a child. This is whether in informal union or cohabitation outside of wedlock between an adult and a child, or between children. The law intends to abolish all traditional and cultural practices and structures that perpetuate discrimination, abuse. However, while the law also declared child betrothal as has no legal effect it does not provide any penalty thereof.

See also

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References

  1. 1 2 "OHCHR | Convention on Consent to Marriage, Minimum Age for Marriage". www.ohchr.org. Retrieved 30 December 2020.
  2. "United Nations Treaty Collection". treaties.un.org. Archived from the original on 2 July 2019. Retrieved 30 December 2020.
  3. 1 2 "OHCHR | Supplementary Convention on the Abolition of Slavery". www.ohchr.org. Retrieved 25 January 2021.
  4. 1 2 Sivaramayya, B. (1966). "Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages 1962, with Special Reference to India". Journal of the Indian Law Institute. 8 (3): 402–412. ISSN   0019-5731. JSTOR   43949910.
  5. United Nations. "Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages" (PDF). Archived (PDF) from the original on 31 March 2016.
  6. "Republic Act 11596". lawphil.net. 10 December 2021. Retrieved 15 January 2021.