Convention
on the Nationality of Married Women
Opened
for signature and ratification by General Assembly resolution 1040
(XI)
of 29
January 1957
entry
into force 11 August 1958, in accordance with article
6
The
Contracting States,
Recognizing that, conflicts in law in practice with
reference to nationality arise as a result of provisions concerning the
loss or acquisition of nationality by women as a result of marriage, of
its dissolution or of the change of nationality by the husband during
marriage,
Recognizing that, in article 15 of the Universal
Declaration of Human Rights, the General Assembly of the United Nations
has proclaimed that "everyone has the right to a nationality" and that
"no one shall be arbitrarily deprived of his nationality nor denied the
right to change his nationality",
Desiring to co-operate with the United Nations in
promoting universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to sex,
Hereby
agree as hereinafter provided:
Article
1
Each
Contracting State agrees that neither the celebration nor the
dissolution of a marriage between one of its nationals and an alien, nor
the change of nationality by the husband during marriage, shall
automatically affect the nationality of the wife.
Article
2
Each
Contracting State agrees that neither the voluntary acquisition of the
nationality of another State nor the renunciation of its nationality by
one of its nationals shall prevent the retention of its nationality by
the wife of such national.
Article
3
1. Each
Contracting State agrees that the alien wife of one of its nationals
may, at her request, acquire the nationality of her husband through
specially privileged naturalization procedures; the grant of such
nationality may be subject to such limitations as may be imposed in the
interests of national security or public policy.
2. Each
Contracting State agrees that the present Convention shall not be
construed as affecting any legislation or judicial practice by which the
alien wife of one of its nationals may, at her request, acquire her
husband's nationality as a matter of right.
Article
4
1. The
present Convention shall be open for signature and ratification on
behalf of any State Member of the United Nations and also on behalf of
any other State which is or hereafter becomes a member of any
specialized agency of the United Nations, or which is or hereafter
becomes a Party to the Statute of the International Court of Justice, or
any other State to which an invitation has been addressed by the General
Assembly of the United Nations.
2. The
present Convention shall be ratified and the instruments 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 paragraph I of article 4.
2.
Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
Article
6
1. The
present Convention shall come into force on the ninetieth day following
the date of deposit of the sixth instrument of ratification or
accession.
2. For each
State ratifying or acceding to the Convention after the deposit of the
sixth 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. The
present Convention shall apply to all non-self-governing, trust,
colonial and other non-metropolitan territories for the international
relations of which any Contracting State is responsible; the Contracting
State concerned shall, subject to the provisions of paragraph 2 of the
present article, at the time of signature, ratification or accession
declare the non-metropolitan territory or territories to which the
Convention shall apply ipso facto as a result of such signature,
ratification or accession.
2. In any
case in which, for the purpose of nationality, a non-metropolitan
territory is not treated as one with the metropolitan territory, or in
any case in which the previous consent of a non-metropolitan territory
is required by the constitutional laws or practices of the Contracting
State or of the non-metropolitan territory for the application of the
Convention to that territory, that Contracting State shall endeavour to
secure the needed consent of the non-metropolitan territory within the
period of twelve months from the date of signature of the Convention by
that Contracting State, and when such consent has been obtained the
Contracting State shall notify the Secretary-General of the United
Nations. The present Convention shall apply to the territory or
territories named in such notification from the date of its receipt by
the Secretary-General.
3. After
the expiry of the twelve-month period mentioned in paragraph 2 of the
present article, the Contracting States concerned shall inform the
Secretary-General of the results of the consultations with those
non-metropolitan territories for whose international relations they are
responsible and whose consent to the application of the present
Convention may have been withheld.
Article
8
1. At the
time of signature, ratification or accession, any State may make
reservations to any article of the present Convention other than
articles 1 and 2.
2. If any
State makes a reservation in accordance with paragraph 1 of the present
article, the Convention, with the exception of those provisions to which
the reservation relates, shall have effect as between the reserving
State and the other Parties. The Secretary-General of the United Nations
shall communicate the text of the reservation to all States which are or
may become Parties to the Convention. Any State Party to the Convention
or which thereafter becomes a Party may notify the Secretary-General
that it does not agree to consider itself bound by the Convention with
respect to the State making the reservation. This notification must be
made, in the case of a State already a Party, within ninety days from
the date of the communication by the Secretary-General; and, in the case
of a State subsequently becoming a Party, within ninety days from the
date when the instrument of ratification or accession is deposited. In
the event that such a notification is made, the Convention shall not be
deemed to be in effect as between the State making the notification and
the State making the reservation.
3. Any
State making a reservation in accordance with paragraph 1 of the present
article may at any time withdraw the reservation, in whole or in part,
after it has been accepted, by a notification to this effect addressed
to the Secretary-General of the United Nations. Such notification shall
take effect on the date on which it is received.
Article
9
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 six
becomes effective.
Article
10
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 any one of 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
11
The
Secretary-General of the United Nations shall notify all States Members
of the United Nations and the non-member States contemplated in
paragraph 1 of article 4 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 present Convention enters into force in accordance
with article 6;
(d)
Communications and notifications received in accordance with article
8;
(e)
Notifications of denunciation received in accordance with paragraph 1 of
article 9;
(f)
Abrogation in accordance with paragraph 2 of article 9.
Article
12
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 paragraph 1 of article 4.
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