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The Convention on the Nationality of Married Women is an international convention passed by the United Nations General Assembly in 1957. It entered into force in 1958 and as of 2013 it has 74 state parties.
Full Convention TextSignatures and ratifications
{{DEFAULTSORT:Nationality of Married Women Convention Family law treaties Marriage law Women's rights instruments Nationality treaties Treaties entered into force in 1958 United Nations treaties Treaties concluded in 1957 Treaties adopted by United Nations General Assembly resolutions Treaties of the People's Socialist Republic of Albania Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria Treaties of Azerbaijan Treaties of the Bahamas Treaties of Barbados Treaties of the Byelorussian Soviet Socialist Republic Treaties of Bosnia and Herzegovina Treaties of the military dictatorship in Brazil Treaties of the People's Republic of Bulgaria Treaties of Canada Treaties of the Republic of China (1949–1971) Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of Czechoslovakia Treaties of the Czech Republic Treaties of Denmark Treaties of the Dominican Republic Treaties of Ecuador Treaties of Fiji Treaties of Finland Treaties of West Germany Treaties of East Germany Treaties of Ghana Treaties of Guatemala Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of Ireland Treaties of Israel Treaties of Jamaica Treaties of Jordan Treaties of Kazakhstan Treaties of Kyrgyzstan Treaties of Latvia Treaties of Lesotho Treaties of Liberia Treaties of the Libyan Arab Jamahiriya Treaties of Malawi Treaties of the Federation of Malaya Treaties of Mali Treaties of Malta Treaties of Mauritius Treaties of Mexico Treaties of Montenegro Treaties of New Zealand Treaties of Nicaragua Treaties of Norway Treaties of the Polish People's Republic Treaties of the Socialist Republic of Romania Treaties of the Soviet Union Treaties of Rwanda Treaties of Serbia and Montenegro Treaties of Yugoslavia Treaties of Sierra Leone Treaties of Singapore Treaties of Slovakia Treaties of Slovenia Treaties of South Africa Treaties of the Dominion of Ceylon Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of Eswatini Treaties of Sweden Treaties of North Macedonia Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Uganda Treaties of the Ukrainian Soviet Socialist Republic Treaties of Tanganyika Treaties of Venezuela Treaties of Zambia Treaties of Zimbabwe 1957 in New York (state) Treaties extended to the Cook Islands Treaties extended to Tokelau Treaties extended to Niue Treaties extended to Ashmore and Cartier Islands Treaties extended to the Australian Antarctic Territory Treaties extended to Christmas Island Treaties extended to the Cocos (Keeling) Islands Treaties extended to Heard Island and McDonald Islands Treaties extended to Norfolk Island Treaties extended to the Coral Sea Islands Treaties extended to the Colony of Aden Treaties extended to the Colony of the Bahamas Treaties extended to the West Indies Federation Treaties extended to Basutoland Treaties extended to the Bechuanaland Protectorate Treaties extended to Bermuda Treaties extended to British Guiana Treaties extended to British Honduras Treaties extended to the British Solomon Islands Treaties extended to British Somaliland Treaties extended to British Cyprus Treaties extended to the Falkland Islands Treaties extended to the Colony of Fiji Treaties extended to the Gambia Colony and Protectorate Treaties extended to the Gilbert and Ellice Islands Treaties extended to Gibraltar Treaties extended to British Hong Kong Treaties extended to British Kenya Treaties extended to the British Virgin Islands Treaties extended to the Crown Colony of Malta Treaties extended to British Mauritius Treaties extended to the Colony of North Borneo Treaties extended to Saint Helena, Ascension and Tristan da Cunha Treaties extended to the Colony of Sarawak Treaties extended to Tanganyika (territory) Treaties extended to the Crown Colony of Seychelles Treaties extended to the Colony of Sierra Leone Treaties extended to the Crown Colony of Singapore Treaties extended to Swaziland (protectorate) Treaties extended to the Uganda Protectorate Treaties extended to the Sultanate of Zanzibar Treaties extended to the Federation of Rhodesia and Nyasaland Treaties extended to the Kingdom of Tonga (1900–1970) Treaties extended to Brunei (protectorate) Treaties extended to Aruba Treaties extended to the Aden Protectorate Treaties extended to West Berlin 1957 in women's history
The Convention on the Nationality of Married Women is an international convention passed by the United Nations General Assembly in 1957. It entered into force in 1958 and as of 2013 it has 74 state parties.
Background
Before the ''Convention on the Nationality of Married Women'', no legislation existed to protect married women's right to retain or renounce national citizenship in the way that men could. Women's rights groups recognized a need to legally protect the citizenship rights of women who married someone from outside their country or nationality. TheLeague of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...
, the international organization later succeeded by the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
, was lobbied by women's rights groups during the early 20th century to address the lack of international laws recognizing married women's rights of national citizenship. The Conference for the Codification of International Law, held at The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital of ...
in 1930, drew protests from international women's rights groups, yet the League declined to include legislation enforcing married women's nationality rights. The League took the position that it was not their role, but the role of member states, to deal with equality between men and women.
The International Women's Suffrage Alliance (IWSA, later renamed the International Alliance of Women
The International Alliance of Women (IAW; french: Alliance Internationale des Femmes, AIF) is an international non-governmental organization that works to promote women's rights and gender equality. It was historically the main international org ...
) launched a telegram campaign in 1931 to pressure the League of Nations to address the lack of legislation. Women from around the world sent telegrams to the League of Nations as a protest. The League made the concession of creating an unfunded Consultative Committee on Nationality of Women.
The Pan-American Conference
The Conferences of American States, commonly referred to as the Pan-American Conferences, were meetings of the Pan-American Union, an international organization for cooperation on trade. James G. Blaine, a United States politician, Secretary ...
in Montevideo
Montevideo () is the Capital city, capital and List of cities in Uruguay, largest city of Uruguay. According to the 2011 census, the city proper has a population of 1,319,108 (about one-third of the country's total population) in an area of . M ...
passed a ''Convention on the Nationality of Women
Convention on the Nationality of Women was the first international treaty ever adopted concerning women's rights. It was adopted in 1933 by the Pan American Union in Montevideo, Uruguay. It was ratified by delegates from Argentina, Bolivia, Brazil, ...
'' in 1933. It was passed by the Pan American Conference at the same time as the ''Treaty on the Equality of Rights Between Men and Women''. These were the first pieces of international law to "explicitly set sexual equality as a principle to be incorporated into national legislation" which was required of countries ratifying the convention and treaty. Lobbying by the American National Women's Party has been credited with this legislation. However, neither the International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
(ILO) nor the League of Nations passed any legislation on the issue during the interwar years.
Entry into force
The issue of the nationality of married women was a leading women's rights issue facing theUnited Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
after its establishment. The United Nations Commission on the Status of Women
The Commission on the Status of Women (CSW or UNCSW) is a functional commission of the United Nations Economic and Social Council (ECOSOC), one of the main UN organs within the United Nations. CSW has been described as the UN organ promoting gend ...
was created, and made it a priority of their agenda, launching a study in 1948. The Commission recommended to the United Nations Economic and Social Council
The United Nations Economic and Social Council (ECOSOC; french: links=no, Conseil économique et social des Nations unies, ) is one of the six principal organs of the United Nations, responsible for coordinating the economic and social fields ...
that legislation be drafted to give women equal rights as set out in Article 15 of the Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
. The ''Convention on the Nationality of Married Women'' entered into force on 11 August 1958.
As of 2013, the convention has been ratified by 74 states. It has been denounced by the ratifying states of Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
, Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, and United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
.
Purpose
The Convention was concluded in the light of theconflicts of law
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...
on nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
derived from provisions concerning the loss or acquisition of nationality by women as a result of marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
, divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
, or of the change of nationality by the husband during marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
. It allows women to adopt the nationality of their husband based upon the woman's own decision, but does not require it.
The Convention seeks to fulfill aspirations articulated in Article 15 of the Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
that "everyone has a right to a nationality" and "no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality".
Key principles
Article 1 * Woman'snationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...not to be automatically affected bymarriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...to analien Alien primarily refers to: * Alien (law), a person in a country who is not a national of that country ** Enemy alien, the above in times of war * Extraterrestrial life, life which does not originate from Earth ** Specifically, intelligent extrater .... Article 2 * Acquisition or renunciation of a nationality by a husband not to prevent the wife's retention of her nationality. Article 3 * Specially privileged nationality procedures to be available for wives to take the nationality of their husbands.
See also
*Citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
*Statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are st ...
*Statelessness Reduction Convention
The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relat ...
References
External links
Full Convention Text
{{DEFAULTSORT:Nationality of Married Women Convention Family law treaties Marriage law Women's rights instruments Nationality treaties Treaties entered into force in 1958 United Nations treaties Treaties concluded in 1957 Treaties adopted by United Nations General Assembly resolutions Treaties of the People's Socialist Republic of Albania Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria Treaties of Azerbaijan Treaties of the Bahamas Treaties of Barbados Treaties of the Byelorussian Soviet Socialist Republic Treaties of Bosnia and Herzegovina Treaties of the military dictatorship in Brazil Treaties of the People's Republic of Bulgaria Treaties of Canada Treaties of the Republic of China (1949–1971) Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of Czechoslovakia Treaties of the Czech Republic Treaties of Denmark Treaties of the Dominican Republic Treaties of Ecuador Treaties of Fiji Treaties of Finland Treaties of West Germany Treaties of East Germany Treaties of Ghana Treaties of Guatemala Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of Ireland Treaties of Israel Treaties of Jamaica Treaties of Jordan Treaties of Kazakhstan Treaties of Kyrgyzstan Treaties of Latvia Treaties of Lesotho Treaties of Liberia Treaties of the Libyan Arab Jamahiriya Treaties of Malawi Treaties of the Federation of Malaya Treaties of Mali Treaties of Malta Treaties of Mauritius Treaties of Mexico Treaties of Montenegro Treaties of New Zealand Treaties of Nicaragua Treaties of Norway Treaties of the Polish People's Republic Treaties of the Socialist Republic of Romania Treaties of the Soviet Union Treaties of Rwanda Treaties of Serbia and Montenegro Treaties of Yugoslavia Treaties of Sierra Leone Treaties of Singapore Treaties of Slovakia Treaties of Slovenia Treaties of South Africa Treaties of the Dominion of Ceylon Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of Eswatini Treaties of Sweden Treaties of North Macedonia Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Uganda Treaties of the Ukrainian Soviet Socialist Republic Treaties of Tanganyika Treaties of Venezuela Treaties of Zambia Treaties of Zimbabwe 1957 in New York (state) Treaties extended to the Cook Islands Treaties extended to Tokelau Treaties extended to Niue Treaties extended to Ashmore and Cartier Islands Treaties extended to the Australian Antarctic Territory Treaties extended to Christmas Island Treaties extended to the Cocos (Keeling) Islands Treaties extended to Heard Island and McDonald Islands Treaties extended to Norfolk Island Treaties extended to the Coral Sea Islands Treaties extended to the Colony of Aden Treaties extended to the Colony of the Bahamas Treaties extended to the West Indies Federation Treaties extended to Basutoland Treaties extended to the Bechuanaland Protectorate Treaties extended to Bermuda Treaties extended to British Guiana Treaties extended to British Honduras Treaties extended to the British Solomon Islands Treaties extended to British Somaliland Treaties extended to British Cyprus Treaties extended to the Falkland Islands Treaties extended to the Colony of Fiji Treaties extended to the Gambia Colony and Protectorate Treaties extended to the Gilbert and Ellice Islands Treaties extended to Gibraltar Treaties extended to British Hong Kong Treaties extended to British Kenya Treaties extended to the British Virgin Islands Treaties extended to the Crown Colony of Malta Treaties extended to British Mauritius Treaties extended to the Colony of North Borneo Treaties extended to Saint Helena, Ascension and Tristan da Cunha Treaties extended to the Colony of Sarawak Treaties extended to Tanganyika (territory) Treaties extended to the Crown Colony of Seychelles Treaties extended to the Colony of Sierra Leone Treaties extended to the Crown Colony of Singapore Treaties extended to Swaziland (protectorate) Treaties extended to the Uganda Protectorate Treaties extended to the Sultanate of Zanzibar Treaties extended to the Federation of Rhodesia and Nyasaland Treaties extended to the Kingdom of Tonga (1900–1970) Treaties extended to Brunei (protectorate) Treaties extended to Aruba Treaties extended to the Aden Protectorate Treaties extended to West Berlin 1957 in women's history