The objective of the Convention on the Consent to Marriage, Minimum Age
for Marriage and Registration of Marriages is to ensure equal rights for
both spouses in connection with marriage, as called for in article 16 of
the Universal Declaration of Human Rights, which provides that men and
women, without any limitation due to race, nationality or religion, have
the right to marry and start a family; that they are entitled to equal
rights as to marriage, during marriage and at its dissolution; and that
a marriage shall be entered into only with the free and full consent of
both parties. The Convention therefore
aims at eliminating forced marriages, child marriages and the betrothal
of young girls.
In
resolution 2018 (XX) of 1 November 1965, the General Assembly adopted a
Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration
of Marriages, which contained virtually the same text as that of the Convention.
The
Recommendation was intended as a guideline for States that were unable
to ratify the Convention.
Key Provisions
The Convention requires full and free consent of both parties to a marriage. It provides that such consent is to be expressed in person, unless there are exceptional circumstances, after due publicity and in the presence of a competent authority and witnesses, as prescribed by law.
The Convention calls for States parties to establish a minimum age for marriage. It stipulates that no marriage is to be legally entered into by any person below such minimum age, except where a competent authority has granted a dispensation, for serious reasons, in the interest of the spouses. The Convention also obliges States parties to register all marriages in an appropriate official register.
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Closed
for signature. Subject to ratification. Open for accession to all States
Members of the United Nations or members of any of the specialized agencies,
and to any other State invited by the General Assembly of
the United Nations to become party
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Entry
into force: 9 December 1964
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Status
as at 15
June 2001:
Signatories:
16
Contracting Parties: 49 |