Convention on the Nationality of Married
Women
Done at New York, on 20 February 1957
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 1 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.