Proclamation No. 52, s. 1966

MALACCA ATG RESIDENCE OF THE PRESLOUND QF THE PHILTPPIIGS MANTIA

BY THE PRESIDENT OF Ti PHILIProOES PROCLAMATION NO. 92

TG PUBLIC THE CONVENTION OW COUSEN"y TO MNASHTAGH,, MDA AGE JOR MARRIAGE aND RSGISTRaPTOW OF MARRIAGES, SIGIES AT MEW YORK ON DECUIMOER 10, 1962.

WHEREAS, the Convention on Coisant to Merrisyjse, Ninioun Mm for Marriage snd Registration of Marriagss we concluded New York on December 10, 1962 and signud by the Philippines Pobruary 5, 1963;

WHEREAS, the Senste of the Philippites, by 1ts esolution to. 44 adopted on May 21, 1964, concurred in the Mificaticn of scid Convention in necordance with the forstitubion;

WIEREAS, the Instrument of Ratification of said

Mvention was deposited by tit Philippines with the Secretary- heral of the United Nations on January 21, 1965, with the followins declaration:

"is Convention on Consett to Marriage, |inimun Age lor Narriage and Registration cf Marringes was adopted for the purpose, mmong other tilings, of insuring ta all persons complete freedom in the choice of - spouse. The first paragraph of Article 1 of the Oonvention requires tliat the full and tree colsent of both parties shall be expressed in the presence of the competent authority and of witnesscse

"Considering the provisions of its Civil Cade, tke Philippines, in ratifying this Convention interprets the second paragraph of Article 1 (which authorizes, in exceptional csés, the solemmization of marriages by proxy) as not inposing upon the hilippines the oblisation to allow within its territory the colubration of proxy tiarringes oF marrisges of the kind contounploti.d in that paragraph, wuere sich mamer of marringe is not authorized by the laws of the Plilippines. Rather, the solvnnization within Philippine territory of a2 uarriage in the abseuce of one of tiie partius under the conditions stated in sid paragraph will be pernitted only if so rllowed

= fa

REAS, Article 6 of the Convention stipulatus thet enter into foree on the ninetioth dey after the posit of tle Instrument of Retification, and azccordingly,

ad Convention takes #ffeet on April 21, 1965;

THSEZPORE, bo it known that I, WERDINA'D EF. 1iaRcos, ent of the Philippines, have caused the said Convention, ified copy of which in the Enlish text is hereto

ed, to be mado public to the end that the same and article sand clause thereof may be observed and fulfilled peood faith by the Rapublie of the Pilinpines and tue Hizons thorcor,

IN WITNESS WHEREOT, I have hereunto set my hand end msed the seal of the Republic cf the Philippines to be

Done in the City of Manila, this 20th day of July, ia me year of Our Lord, nineteen hundred and sixty-six.

(SGD.) FEQDINAND E. MARCOS President of the Philippines

¢ Presidont:

SGD.) RAPAET M. Subas

Executive Secretary

— 6; *

Distr. LIMITED

A/RES/1764 (XVIT) 8B Novesber 1962

———

RESOLUTIONS ADOPTED BY THE GENERAL ASSEMALY

fon the report of tle Third Committee (A/5278)7

1763 (JI). Draft Convention and draft Recommendation on Consent to Nerriage, Minimun Age for

=

Marriage and Registration of Marricdges

A

Convention on Consent to Marriage, Minions Age for

riage and Hegistration of Marriages The Geners] Assenbly, Considering that it is sppropriate to contluce under fhe auspices of the United Nations an international convention Bthe free conseut to parriage, mininun age for uarriage and ie rowistration of marriages, Decides to open the Convention annexed to the present Pesolution for signature and ratification on 10 Decenbur 1962.

11L67th plousry peebing = ; November see:

————

ANNEX Convention on Consent to Marriage, Minirpm Age for Marriage an egistration of Morringes The Coptracting Status,

Desiring, in conformity with the Chartor of the United

ations, fu promote universal respect for, ant obscervauce of, i rights and fundanental freedons for all, without Mistinction as to race, sex, language or religion,

52 = 24875 2 er, iu en

3/1763 (XVIT) Reozliing that article 16 of the Universal Declaration Rights stoves that:

"(1) Mon and wonen of full sge, without ony linita- tion 2ue te mee, uptionslity or religion, ivive the richt ta airry snd to found « faily, They are entitled fo eoual rivlits as to aarringe, duriag marriage snd at its dissolution.

"(2) Marriape shell be entered inte ouly with the free 1) 4 full consent of the ivtending szouses."

Recallim, further thot the General Asse ibly of the Mted Nebions declured, by resolution 843 (IX) of 17

ember 1954, that "certain customs, smceient lawa and fotices relntin> tu marriage wma the family" were Meonsistent with the principles sut forth in the Charter of e United ‘ations and in the Universel Declaration of luman pelts ,

Recifirning that all Btxtes, includin:: those which have sine Déesoonsibility for the efsdnistration of Son-Self- roing nd Trust Territories until thoir aelicvere, of spandcice, should take all aporourixte uecsuree with a

to abolishing such custons, nicicat laws an. practices

ensuring, inter alis, co wlete freedoc in tus oheice of a

dhlishing a civil or other resister in wheteh all narrijges be reeurdeds

Hereby agroe ag hereinafter provided:

Article 1

1. Wo warriaze sholl be legally antered aby witiiout full s:14 free consent ef beth parties, such couscst to B expressed by the: in person after tue puvlieity cud in B prescrice of the authority coipebent te soleitiies the lage fod of witnesses, as preseribed by Liwe

uv 65. — Parti

(1765 (XVII)

2. Notwithstanding anything in paragraph 1 above, it shall not be necessiry for one of the perties to be present when the compotent authority is satisfied that the bifcumstances wre exceptional snd that-tlie party has, before B competent authority and in such manner as nay be prescribed

• ==

by law, exoressed and not withdrawn consdnt.

Article 2 States parties to the praesent Convention shall take depgislative uetion to specify 2 mininun age for narrioge, fo marriaye siisnll be legally enteréa into by any person

Article 3 411 uarriages shall be registered im 2n appropriate officisl rogister by the conpetent authority.

Article 4

1. The presont Convention shall, until 31 Decenber 1963 be open for signature on behalf of all States Menbers af the Waited Nations or mevbers of any of the specialized agencies, end of any other State invited by the Guneral Assembly of he United Nations to Decouy party to the Conventim.

2. The presert Convention is subject to ratification. ‘The ingtrunents of ratification shail be desosited with the Beoretery-General of the Unitod Nations.

article 5

1. The present Convertion shiall be opan for accession to oll States referred to in article 4, paragraph 1.

2. sAccassion shall be uffueted by the deposit of an instrunont of accession with the Secretary-General of the United Nations. Re ok

• 6? -

‘a

W/RES/1763 (XVII) Article 6

1. The present Convention snall cume into force on the etieth day following tho date of deposit of the eigith Instrument of ratification or accession,

2. For each State ratif,ing or acceding to the Gonvention after the deposit of the cighth instrunent of re tification or accession. the Uonvention shall enter into force on the minetieth day after deposit by such State of

ray

Article 7

l. Any Contracting Stete say denounce the present Converticn by written notification to the Secretary-General Of the United Nations. Denunciation shall take effect one your after the Gete of receipt of tke notification by the Becretary—-Gencral. 2. The present Convention shall cease to be in force ]@s from the date when the denuncistiou which reduces the munber of parties to less than eight becones effective. Article 8 Any dispute which may arise between any two or more Pontracting States coscerning the interpretation or @pplication of the present Convention which is not settled negotintion shall, at the request of all the parties to fhe dispute, be referred to the International Court of dustice for decision, unless the parties agree to snother Mode of settlenent.

Article 9 The Beeretary-General of the United Nations slmli notify all Stetes Monhers of the United Nations and the non-nacber States contanplated in article 4, paragraph 1, of the present Convention of the followins:

• 68 - {ewe

= (VIZ) (a) Signatures and instruuents of ratification received l accordance with article 4;

(>) ‘Instruments of accession received in accordauce with ‘icle 5; : (c) The date upon which the Convention saters into force baccordance with article 6;

(d) Wotifieations of denunciation received in accordance th article 7, paragraph 1;

(e) Abrogation in accordance with article 7, paragraph 2.

Article 16

1s The present Convention, of which thea Chinese, Mnelish, ench, Russian aud Spanish texts shall be equally cuthertic, all be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall ansnit 2 certified copy of the Convention to all States mbers of the United Nations and to the non-—neber States ntsiplated in article 4, paragraph 1.

B Draft Xeconnendation on Consent to Marriage, Nininum Age zor Marriage and Registration of Marriages

The General Asseribly

Requests the Econonic and Social Council to ask the mission on the Status of Worel to cousider the draft commendation on Consent to Marriage, Minimm Age for triage “nd Registration of Marriagesl/ in the light of the scussions in the Guneral Asseubly on the draft Convention lating to the same subject, and to report back in tine for nsiderntion of the draft Recommendation by the Asaenbly at

§ Gightecnth session, 1167th plen meeting, 2 Novenber L95E

See EReonomic and Social Council resolution 521 LIT D F (XXXII) of 19 July 1961. = GO m

I hersby certify that the foregoing text is a true copy he Convention on Consent to Marriage, Minicum Age for figge tad Registration of-Marriages, signed et New York 10 Decerber 1962, the origindl of which is deposited with Becretary-Genernl of the United Nations.

For the Secretary-General:

SGD.) Tllesible “Legal Counsel

ted Nations, New York 5 April 1963

= FO =