Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related inter-governmental organizations

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CHAPTER IV

TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RELATED INTER-GOVERl\JMENTAL ORGANIZATIONS

1. UNITED NATIONS

   CONVENTION ON CONSENT TO MARRIAGE, MINIMUM AGE FOR MARRIAGE AND REGISTRATION OF MARRIAGES. AOOPTED BY THE GENERAL ASSEMBLY OF

   THE UNITED NATIONS ON 7 NOVEMBER 1962.

   Preamble

   The Contracting States,

   Desirin~, 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 ~eclaration 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.

   U(2) Marriage shall be entered into only with the free and full consent of the intending spouses. Il ,

   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 inde~endence, 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,

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   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 ani 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.

   ATticle 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 instnuuents 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.

   Hereby agree as hereinafter provided:

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   Article 6

1. The present Convention shall come irrto 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;

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   (d) Notifications of denunciation received in accordance with article 7} paragraph 1;

   (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 ar~icle 4} paragraph 1.

   IN FAITH WHEREOF the undersigned, being duly authorized, have signed, and on behalf of their respective Governments, the present Convention which was opened for signature at the Headquarters of the United Nations,. New York} on the tenth day of December} one thousand nine hundr-ed and sixty-two.

2. UNITED NATIONS EI.UCA'I'ION.4L, SCIENTIFIC AND CUL'IURAL ORGANIZATION.

   PROTOCOL INSTITUTING A CONCILIATION AND C~OD OFFICES COMMISSION TO BE RESPONSIBLE FOR SEEKnJG THE SETTLEMENT OF .ANY DISPUTES Im:ICH MAY ARISE BETWEEN STATES PARTIES TO THE CONVENTION .!WAINST DISCRIMINATION IN ELUCATION. ADOPTED BY 'IHE GENERAL CONFERENCE

   AT ITS TWELFTH SESSION, PARIS, 10 DECEMBER 1~62.

   The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 9 November to 12 December 1962, at its twelfth session,

   Having adopted, at its eleventh session, the Convention against Discrimination in Education,

   Desirous of facilitating the implementation of that Conven.tion, and Considering that it is important, for this purpose, to institute a Conciliation and Good Offices Commission to be responsible for seeking the amicable settlement of any disputes which may arise between States Parties to the Convention, concerning its application or interpretation,

   Adopts this Protocol on the tenth day of December 1962;

   Article 1

   There shall be established under the auspices of the United Nations Educational, Scientific and Cultural Organization a Conciliation and Good Offices Commission, hereinafter referred to as the Commission, to be responsible for seeking the

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   amicable settlement of disputes between states Parties to the Convention against Discrimination in Education, hereinafter referred to as the Convention, concerning the application or interpretation of the Convention.

   Article 2

1. The Commission shall consist of eleven members who shall be persons of high moral standing and acknowledged impartiality and shall be elected by the General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as the General Conference.

2. The members of the Commission shall serve in their personal capacity.

   Article 3

1. The members of the Commission shall be elected from a list of persons nominated for the purpose by the states Parties to this Protocol. Each State shall, after consulting its National Commission for UNESCO, nominate not more than four persons. These persons must be nationals of States Parties to this Protocol.

2. At least four months before the date of each election to the Commission, the Director-General of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as the Director-General, shall invite the States Parties to the present Protocol to send within two months, their nominations of the persons referred to in paragraph 1 of this article. He shall prepare a list in a]~habetical order of the persons thus nominated and shall submit it, at least

   one month before the election, to the Executive Board of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as the Executive Board, and to the States Parties to the Convention. The Executive Board shall transmit the aforemerrtioned list, with such suggestions as it may consider useful, to the General Conference, which shall carry out the election of members of the Commission in conformity with the procedure it normally follows in elections of two or more persons.

   Article 4

1. The CClmnission may not include more than one national of the same state.

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2. In the election of members of the Commission) the General Conference shall endeavour to include persons of recognized competence in the field of education and persons having judicial experience, or legal experience particularly of an international...