Print
Download XMLVerdrag inzake de huwelijkstoestemming, de minimum-leeftijd waarop een huwelijk mag worden aangegaan en de registratie van huwelijken
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Bangladesh | Ja | Ja |
| China | Ja | Nee |
| Denemarken | Ja | Nee |
| Dominicaanse Republiek | Ja | Nee |
| Fiji | Ja | Nee |
| Filipijnen | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| Griekenland | Ja | Nee |
| Guatemala | Ja | Nee |
| Hongarije | Ja | Nee |
| IJsland | Ja | Nee |
| Noorwegen | Ja | Nee |
| Roemenië | Ja | Nee |
| Venezuela | Ja | Nee |
| Verenigd Koninkrijk | Ja | Nee |
| Verenigde Staten van Amerika | Ja | Nee |
| Zweden | Ja | Nee |
Bangladesh
05-10-1998
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.
Bezwaar Finland, 13-12-1999
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.
Bezwaar Zweden, 14-12-1999
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:
"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."
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.
Bezwaar Duitsland, 17-12-1999
The Government of the Federal Republic of Germany notes that this constitutes a reservation
of a general nature in respect of provisions of the Convention which may be contrary
to the domestic law of Bangladesh. The Government of the Federal Republic of Germany
is of the view that this general reservation raises doubts as to the full commitment
of Bangladesh to the object and purpose of the Convention. In view of the fact that
the Convention contains only ten short articles the reservation to one of its core
principles seems particularly problematic. 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 the Federal Republic of Germany therefore objects to this reservation
made by the Government of the People's Republic of Bangladesh. This objection does
not preclude the entry into force of the Convention between the Federal Republic of
Germany and the People's Republic of Bangladesh.
Bezwaar Nederlanden, het Koninkrijk der, 20-12-1999
The Government of the Kingdom of the Netherlands considers that such a reservation,
which seeks to limit the responsibilities of the reserving State under the Convention
by invoking national law, may raise doubts as to the commitment of this State to the
object and purpose of the Convention and, moreover, contribute to undermining the
basis of international treaty law.
It is in the common interest of States that treaties to which they have chosen to
become parties should be respected, as to object and purpose, by all parties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservation made by the Government of Bangladesh.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Bangladesh.
China
10-06-1997
1. It is the understanding of the Government of the People's Republic of China that
article 1 (2) of the [said Convention] does not require legislative provision to be
made, where no such legislation already exists in the Hong Kong Special Administrative
Region, for marriage to be contracted in the absence of one of the parties.
2. The signature by the Taiwan authorities of China on 4 April 1963 of the [said Convention]
is illegal and null and void.
Denemarken
08-09-1964
With the reservation that article 1, paragraph 2, shall not apply to the Kingdom of Denmark.
Dominicaanse Republiek
08-10-1964
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
19-07-1971
[...] 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.
Filipijnen
21-01-1965
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.
Finland
18-08-1964
With the reservation that article 1, paragraph 2, shall not apply to the Republic of Finland.
Frankrijk
14-10-2010
France declares that it will apply article 1 (2) of the Convention in accordance with
its domestic laws reserving marriage celebrations in the absence of one of the parties
only to exceptions expressly provided for in its legislation.
France declares that it will apply article 1 (1) of the Convention in accordance with
its domestic legislation on the conditions for exemption from the formality of publication.
Griekenland
03-01-1963
With reservation to article 1, paragraph 2, of the Convention.
Guatemala
18-01-1983
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 solemnized, it does not consider itself obliged to comply with those requirements where the parties are Guatemalans.
Hongarije
05-11-1975
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.
IJsland
18-10-1977
Article 1, paragraph 2, shall not apply to the Republic of Iceland.
Noorwegen
10-09-1964
With the reservation that article 1, paragraph 2, shall not apply to the Kingdom of Norway.
Roemenië
21-01-1993
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.
Venezuela
31-05-1983
[Venezuela] does not accept the jurisdiction of the International Court of Justice for the settlement of disputes concerning the interpretation or application of this Convention.
Verenigd Koninkrijk
09-07-1970
(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) [...]
Verenigde Staten van Amerika
10-12-1962
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.
Zweden
16-06-1964
With reservation to article 1, paragraph 2, of the Convention.