The General Assembly,
Recognizing that the family group should be strengthened because it
is the basic unit of every society, and that men and women of full age
have the right to marry and to found a family, that they are entitled to
equal rights as to marriage and that marriage shall be entered into only
with the free and full consent of the intending spouses, in accordance
with the provisions of article 16 of the Universal Declaration of Human
Rights,
Recalling its resolution 843 (IX) of 17 December 1954,
Recalling further article 2 of the Supplementary Convention on
the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery of 1956, which makes certain provisions concerning the
age of marriage, consent to marriage and registration of marriages,
Recalling also that Article 13, paragraph 1 b, of the Charter
of the United Nations provides that the General Assembly shall make recommendations
for the purpose of assisting in the realization of human rights and fundamental
freedoms for all without distinction as to race, sex, language or religion,
Recalling likewise that, under Article 64 of the Charter, the
Economic and Social Council may make arrangements with the Members of the
United Nations to obtain reports on the steps taken to give effect to its
own recommendations and to recommendations on matters falling within its
competence made by the General Assembly,
1. Recommends that, where not already provided by existing legislative
or other measures, each Member State should take the necessary steps, in
accordance with its constitutional processes and its traditional and religious
practices, to adopt such legislative or other measures as may be appropriate
to give effect to the following principles:
Principle I
(a) 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.
(b) Marriage by proxy shall be permitted only when the competent authorities
are satisfied that each party has, before a competent authority and in
such manner as may be prescribed by law, fully and freely expressed consent
before witnesses and not withdrawn such consent.
Principle II
Member States shall take legislative action to specify a minimum age
for marriage, which in any case shall not be less than fifteen years of
age; 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.
Principle III
All marriages shall be registered in an appropriate official register
by the competent authority.
2. Recommends that each Member State should bring the Recommendation
on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
contained in the present resolution before the authorities competent to
enact legislation or to take other action at the earliest practicable moment
and, if possible, no later than eighteen months after the adoption of the
Recommendation;
3. Recommends that Member States should inform the Secretary-
General, as soon as possible after the action referred to in paragraph
2 above, of the measures taken under the present Recommendation to bring
it before the competent authority or authorities, with particulars regarding
the authority or authorities considered as competent;
4. Recommends further that Member States should report
to the Secretary-General at the end of three years, and thereafter at intervals
of five years, on their law and practice with regard to the matters dealt
with in the present Recommendation, showing the extent to which effect
has been given or is proposed to be given to the provisions of the Recommendation
and such modifications as have been found or may be found necessary in
adapting or applying it;
5. Requests the Secretary-General to prepare for the Commission
on the Status of Women a document containing the reports received from
Governments concerning methods of implementing the three basic principles
of the present Recommendation;
6. Invites the Commission on the Status of Women to examine the
reports received from Member States pursuant to the present Recommendation
and to report thereon to the Economic and Social Council with such recommendations
as it may deem fitting.