STATUS REPORT

CONVENTION ON CONSENT TO MARRIAGE, MINIMUM AGE FOR MARRIAGE AND REGISTRATION OF MARRIAGES

(New York, 10/12/1962)

ENTRY INTO FORCE : 10-Dec-68

Depositary: Secretary-General of the United Nations

Last updated by PacLII: 16/05/06
Parties Date of Signature Date of ratification
/
Other 		Entry Into Force Domestication Legislation
(where available)
Fiji   19 Jul 1971 d    
Samoa   24 Aug 1964 a    
 
Antigua and Barbuda   25 Oct 1988 d    
Argentina   26 Feb 1970 a    
Austria   1 Oct 1969 a    
Azerbaijan   16 Aug 1996 a    
Bangladesh [#]   5 Oct 1998 a    
Barbados   1 Oct 1979 a    
Benin   19 Oct 1965 a    
Bosnia and Herzegovina   1 Sep 1993 d    
Brazil   11 Feb 1970 a    
Burkina Faso   8 Dec 1964 a    
Chile 10 Dec 1962      
China        
Croatia   12 Oct 1992 d    
Cuba 17 Oct 1963 20 Aug 1965 Rt    
Cyprus   30 Jul 2002 a    
Czech Republic   22 Feb 1993 d    
Cфte d'Ivoire   18 Dec 1995 a    
Denmark [#] 31 Oct 1963 8 Sep 1964 Rt    
Dominican Republic [#]   8 Oct 1964 a    
Finland [#]   18 Aug 1964 a    
France 10 Dec 1962      
Germany   9 Jul 1969 a    
Greece [#] 3 Jan 1963      
Guatemala [#]   18 Jan 1983 a    
Guinea 10 Dec 1962 24 Jan 1978    
Hungary [#]   5 Nov 1975 a    
Iceland [#]   18 Oct 1977 a    
Israel 10 Dec 1962      
Italy 20 Dec 1963      
Jordan   1 Jul 1992 a    
Kyrgyzstan   10 Feb 1997 a    
Mali   19 Aug 1964 a    
Mexico   22 Feb 1983 a    
Mongolia   6 Jun 1991 a    
Netherlands [#] 10 Dec 1962 2 Jul 1965 Rt    
New Zealand 23 Dec 1963 12 Jun 1964    
Niger   1 Dec 1964 a    
Norway [#]   10 Sep 1964 a    
Philippines [#] 5 Feb 1963 21 Jan 1965 Rt    
Poland 17 Dec 1962 8 Jan 1965 Rt    
Romania [#] 27 Dec 1963 21 Jan 1993 Rt    
Rwanda   26 Sep 2003 a Rt    
Saint Vincent and the Grenadines   27 Apr 1999 d    
Serbia and Montenegro        
Slovakia        
South Africa   29 Jan 1993 a    
Spain   15 Apr 1969 a    
Sri Lanka 12 Dec 1962      
Sweden [#] 10 Dec 1962 16 Jun 1964 Rt    
The Former Yugoslav Republic of Macedonia   18 Jan 1994 d    
Trinidad and Tobago   2 Oct 1969 a    
Tunisia   24 Jan 1968 a    
United Kingdom of Great Britain and Northern Ireland [#]   9 Jul 1970 a    
United States of America [#] 10 Dec 1962      
Venezuela [#]   31 May 1983 a    
Yemen   9 Feb 1987 a    
Zimbabwe   23 Nov 1994 a    
Keys:
  • Accession (a)
  • Acceptance (A)
  • Approval (AA)
  • Definitive Signature (s)
  • Formal confirmation (c)
  • Participation (P)
  • Notification (of provisional application, of special undertaking, etc) (n)
  • Ratification (Rt)
  • Reservation (r)
  • Succession (d)

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, accession or succession.)


Bangladesh [up]

Reservations

Articles 1 and 2

The Government of the People's Republic of Bangladesh reserves the right to apply the provisions of articles 1 and 2 in so far as they relate to the question of legal validity of child marriage, in accordance with the Personal Laws of different religious communities of the country

Article 2

The Government of the People's Republic of Bangladesh, in acceding to the Convention will not be bound by the exception clause of article 2 viz. except where a competent authority has granted a dispensation as to age, for serious reasons, in the interest of the intending spouses


Denmark [up]

With the reservation that article 1, paragraph 2, shall not apply to the Kingdom of Denmark.


Dominican Republic [up]

The Dominican Republic wishes the laws of the Dominican Republic to continue to have precedence in respect of the possibility, provided for in article 1, paragraph 2, of entering into a civil marriage by means of a proxy or procuration. Consequently, it can accept the said provisions only with reservations


Fiji [up]

The Government of Fiji withdraws the reservation, and declarations in respect of the law of Scotland and in respect of Southern Rhodesia, made on 9th July, 1970 by Her Majesty's Government in the United Kingdom, and affirms that the Government of Fiji declares it to be their understanding that

(a) paragraph 1 of Article 1, and the second sentence of Article 2, of the Convention are concerned with the entry into marriage under the laws of a State Party and not with the recognition under the laws of one State or territory of the validity of marriages contracted under the laws of another State or territory; and

(b) paragraph 2 of Article 1 does not require legislative provision to be made where no such legislation already exists, for marriages to be contracted in the absence of one of the parties.


Finland [up]

With the reservation that article 1, paragraph 2, shall not apply to the Republic of Finland.


Greece [up]

With reservation to article 1, paragraph 2, of the Convention


Guatemala [up]

Reservation

With regard to article 1, paragraph 1, of the Convention, Guatemala declares that since its legislation, in respect of its nationals, does not call for the requirements relating to publicity of the marriage and the presence of witnesses for it to be solem- nized, it does not consider itself obliged to comply with those requirements where the parties are Guatemalans


Hungary [up]

In acceding to the Convention, the Presidential Council of the Hungarian People's Republic declares that it does not consider paragraph 2 of article 1 of the Convention as binding the Hungarian People's Republic to grant, under the terms thereof, permit of marriage when one of the intending spouses is not present


Iceland [up]

Article 1, paragraph 2, shall not apply to the Republic of Iceland.


Netherlands [up]

In signing the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, [the Government of the Netherlands] hereby declare that, in view of the equality which exists, from the standpoint of public law, between the Netherlands, Surinam and the Netherlands Antilles, the Government of the Kingdom reserves the right to ratify the Convention in respect of only one or two parts of the Kingdom and to declare at a later date, by written notification to the Secretary-General, that the Convention is to apply also to the other part or parts of the Kingdom


Norway [up]

With the reservation that article 1, paragraph 2, shall not apply to the Kingdom of Norway.


Philippines [up]

The Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages was adopted for the purpose, among other things, of insuring to all persons complete freedom in the choice of a spouse. The first paragraph of Article 1 of the Convention requires that the full and free consent of both parties shall be expressed in the presence of the competent authority and of witnesses

Considering the provisions of its Civil Code, the Philippines, in ratifying this Convention interprets the second paragraph of Article 1 (which authorizes, in exceptional cases, the solemnization of marriage by proxy) as not imposing upon the Philippines the obligation to allow within its territory the celebration of proxy marriages or marriages of the kind contemplated in that paragraph, where such manner of marriage is not authorized by the laws of the Philippines. Rather, the solemnization within Philippine territory of a marriage in the absence of one of the parties under the conditions stated in said paragraph will be permitted only if so allowed by Philippine law.


Romania [up]

Reservation

Romania will not apply the provisions of article 1, paragraph 2, of the Convention, regarding the celebration of marriage in the absence of one of the future spouses


Sweden [up]

With reservation to article 1, paragraph 2, of the Convention


United Kingdom of Great Britain and Northern Ireland [up]

(a)

(b) It is the understanding of the Government of the United Kingdom that paragraph (1) of article 1 and the second sentence of article 2, of the Convention are concerned with entry into marriage under the laws of a State Party and not with the recognition under the laws of one State or territory of the validity of marriages contracted under the laws of another State or territory; nor is paragraph (1) of article 1 applicable to marriages by cohabitation with habit and repute under the law of Scotland

(c) Paragraph (2) of article 1 does not require legislative provision to be made, where no such legislation already exists, for marriages to be contracted in the absence of one of the parties

(d) The provisions of the Convention shall not apply to Southern Rhodesia unless and until the Government of the United Kingdom inform the Secretary-General that they are in a position to ensure that the obligations imposed by the Convention in respect of that territory can be fully implemented.


United States of America [up]

With the understanding that legislation in force in the various States of the United States of America is in conformity with this Convention and that action by the United States of America with respect to this Convention does not constitute acceptance of the provisions of article 8 as a precedent for any subsequent instruments.


Venezuela [up]

[See chapter XVI.1

Objections

(Unless otherwise indicated, the reservations were made upon ratification, accession or succession.)


Finland [up]

13 December 1999

With regard to the reservations made by Bangladesh upon accession

The Government of Finland notes that the reservation of Bangladesh, being of such a general nature, raises doubts as to the full commitment of Bangladesh to the object and purpose of the Convention and would like to recall that, according to the Vienna Convention on the Law of the Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted

Furthermore, reservations are subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations

Therefore the Government of Finland objects to the aforesaid reservations made by the Government of Bangladesh. This objection does not preclude the entry into force of the Convention between Bangladesh and Finland. The Convention will thus become operative between the two States without Bangladesh benefitting from this reservation


Sweden [up]

14 December 1999

With regard to the reservations made by Bangladesh upon accession

The Government of Sweden notes that the reservations include a reservation of a general kind, in respect of articles 1 and 2, which reads as follows

[See reservation to Articles 1 and 2 made by Bangladesh under "Reservations and Declarations

The Government of Sweden is of the view that this general reservation, referring to the Personal Laws of different religious communities of the country, raises doubts as to the commitment of Bangladesh to the object and purpose of the Convention and would recall that, according to well-established international law, a reservation incompatible with the object and purpose of a treaty shall not be permitted

It is in the common interest of States that treaties to which they have chosen to become parties are respected, as to their object and purpose, by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under these treaties

The Government of Sweden therefore objects to the aforesaid general reservation made by the Government of Bangladesh to the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

This objection does not preclude the entry into force of the Convention between Bangladesh and Sweden. The Convention will thus become operative between the two States without Bangladesh benefitting from the reservation

© 1998 University of the South Pacific

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