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A/RES/1040(XI) GA

Convention on the Nationality of Married Women : resolution / adopted by the General Assembly

11
Session
47
Yes
2
No
24
Abstentions
Draft symbol A/L.218
Adopted symbol A/RES/1040(XI)
P5 Positions
Russia United States ~ United Kingdom China France ~
UN Document A/RES/1040(XI) ↗

Vote Recorded VoteA/PV.647 Jan. 29, 1957

8 surprising votes — countries whose ideal point predicts the opposite position.

— Abstain (24)
✗ No (2)
Absent (7)
✓ Yes (47)
Full text of resolution OCR extract — may contain errors
18 General Assembly-Eleventh Se.aeion 2. E.xpresse.r its apprecwtion to the Government of Austria for the part it has played in receiving and assisting the refugees who have entered its territory; 3. Requests the United Nations High Commissioner for Refugees to continue his efforts to effect solutions in accordance with the Statute of his Office and the programme of the United Nations Refugee Fund, un- der due safeguards in accordance with his responsi- bility under the said Statute to provide international protection to refugees within his mandate ; 4. Requests the High Commissioner, in consultation with the Secretary-General and with the Governments concerned, to develop a comprehensive assessment of the needs, both material and financial, of the Hun- garian refugees, tô be submitted to the United Nations Refugee Fund Executive Committee for its approval at the earliest possible date ; 5. Expresses grave concern at the shortfall in the governmental contributions to the United Nations Refugee Fund established at $16 million;. 6. Urges all States Members of the United Nations or members of the specialized agencies to give early and serious consideration to making contributions to the United Nations Refugee Fund in order that the target for 1956 and 1957 may be reached and the High Commissioner enabled fully to implement the pro- gramme planned under that Fund; 7. Requests the High Commissioner to study with the United Nations Refugee Fund Executive Com- mittee the appropriate means to ensure the full im- plementation of the programme of the Fund. B The Genera/, Assembly, 643rd plenary meeting, 23 ]anuary 1957. N oting Economie and Social Council resolution 628 (XXII) of 13 July 1956, Recalling with gratitude the work accomplished by Dr. G. J. van Heuven Goedhart as United Nations High Commissioner for Refugees, and mindful of bis devoted and untiring efforts, Recording its deep regret at bis untimely death, 1. Decides that a plaque to the memory of Dr. G. J. van Heuven Goedhart shall be placed in the Palais des Nations in Geneva ; 2. Requests the Secretary-General to make appro- priate arrangements for this purpose ; 3. Urges Governments actively to support tl,e work on behalf of refugees in the spirit of the United Nations Charter. 643rd plenary meeting, 23 January 1957. 1040 (XI). Convention of the Nationality of Married W omen The General Assembly, Considering that it is appropriate to conclude, under the auspices of the United Nations, an international convention on the nationality of married women, de- signed to eliminate conflicts of law arising out of pro- visions 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, Decides to open the Convention annexed to the present resolution for signature and ratification at the end of the eleventh session of the General Assembly. 647th plenary meeting, 29 January 1957. ANNEX CONVENTION ON THE NATIONALITY OF MARR!ED WoMEN The Contracting States, Recognizing that, in article 15 of the Universal Declaration ence to nationality arise as a result of provisions concerning the Joss 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-operiate with the United Nations in promoting universal respect for, and observance of, human rights and fundamental freedoms for ail without distinction as to sex, Hereby agree as hereinafter provided: Article 1 Each Contracting State agrees that neither the cclebration nor the dissolution of a marriagc 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 re- nunciation 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 specialty priviliged 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 Conven- tion 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 nation- ality 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 hcreafter becomes a member of any speciatized 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 in - struments 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 ail States referred to in paragraph 1 of article 4. 2. Accession shalt be effected by the deposit of an instru- ment of accession with the Secretary-General of the United Nations. Resolutions adopted on the reporta of the Thinl Committee 19 Article 6 1. The present Convention shall corne into force on the ninetieth day following the date of deposit of the sixth in- strument 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 ail non-self- governing, trust, colonial and other non-metropolitan terri- tories for the international relations of which any Contracting State is responsible; the Contracting State concerned shall, subj ect 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 signa- ture, 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-metro- politan territory within the period of twelve months from the date of signature of the Convention by that Contracting State, and when such consent bas been obtained the Con- tracting 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 ,-eJates, 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 instru- ment of ratification or accession is deposited. In the event that such a notification is made, the Convention shal! 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 bas been accepted, by a notification to this effect addressed to the Secretary- General of the United Nations. Such notification shal! take effect on the date on which it is received. Article 9 1. Any Contracting State may denounce the present Con- vention 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 applica- tion 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 accord- ance with article 8; (e) Notifications of denunciation received in accordance with paragraph 1 of article 9; (f) Abrogation in accordance with paragraph 2 of ar- ticle 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 Nati-Jns. 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. 1041 (XI). Interim measures, pending entry in- to force of the covenants of human rights, to be taken with respect to violations of human rights set forth in the Charter of the United Nations and the Universel Declara- tion of Human Rights The General Assembly, Mindful of the fact that human rights constitute one of the corner-stones of the Charter of the United Nations, C onsidering that, notwithstanding the obligations arising from the Charter and notwithstanding the Uni- versai Declaration of Human Rights, violations of human rights continue to occur in various parts of the world, Recalling its resolution 540 (VI) of 4 February 1952, by which it recommended that Member States intensify their efforts for the observance of human rights and freedoms in their own territories and in the Non-Self-Governing and Trust Territories, Believing that, owing to the close interdependence established by the Charter between the effective ob- servance of human rights and the maintenance of peace, provision should be made as soon as possible for the adoption of measures with respect to the observance of human rights, in particular with a view to ensuring respect for the said rights at all times,
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