On the accession of the Republic of Kazakhstan to the Convention on the Nationality of Married Women
The Law of the Republic of Kazakhstan dated December 30, 1999 No. 19-II.
The Republic of Kazakhstan should join the Convention on the Nationality of Married Women, opened for signature and ratification by resolution 1040 (XI) of the UN General Assembly on January 29, 1957.
President
Republic of Kazakhstan
N. Nazarbayev
Convention on the Nationality of Married Women
It is open for signature and ratification by the resolution
General Assembly resolution 1040 (XI) of January 29, 1957
Entry into force: 11 August 1958 in accordance with article 6
The Contracting States,
Bearing in mind that conflicts in law and practice related to citizenship arise as a result of rulings on the loss or acquisition of citizenship by women as a result of marriage, divorce or change of citizenship by the husband during the existence of the marriage,
Bearing in mind that in article 15 of the Universal Declaration of Human Rights, the United Nations General Assembly stated that "everyone has the right to a nationality" and that "no one may be arbitrarily deprived of his nationality or the right to change his nationality",
Desiring to cooperate with the United Nations to promote universal respect for and observance of human rights and fundamental freedoms for all without distinction as to gender,
hereby agree on the following:
Article 1
Each Contracting State agrees that neither the conclusion nor the dissolution of a marriage between any of its citizens and a foreigner, nor the change of nationality by the husband during the existence of the marriage union will automatically affect the nationality of the wife.
Article 2
Each Contracting State agrees that neither the voluntary acquisition by any of its citizens of the citizenship of any other State, nor the renunciation by any of its citizens of their citizenship will prevent the wife of that citizen from retaining her citizenship.
Article 3
1. Each Contracting State agrees that a foreigner married to one of its citizens may acquire, at her request, the citizenship of her husband through a special simplified naturalization procedure. The granting of such citizenship may be subject to restrictions imposed in the interests of State security or public order.
2. Each Contracting State agrees that this Convention shall not be interpreted as affecting any legislation or judicial practice according to which a foreign woman married to one of its nationals may by right acquire, at her request, the nationality of her husband.
Article 4
1. This Convention shall be open for signature and ratification on behalf of any State Member of the United Nations, as well as on behalf of any other State that is or will subsequently become a member of any specialized agency of the United Nations or that is or will subsequently become a party to the Statute of the International Court of Justice, or on behalf of any other State to which the General Assembly of the United Nations The United Nations will send an invitation.
2. This Convention is subject to ratification and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 5
1. This Convention is open for accession by 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. This Convention shall enter into force on the ninetieth day after the date of deposit of the sixth instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day following the date of deposit by that State of its instrument of ratification or accession.
Article 7
1. This Convention applies to all Non-Self-Governing, Trust, colonial and other Non-metropolitan Territories for whose international relations a Contracting State is responsible; subject to the provisions of paragraph 2 of this article, the Contracting State concerned shall declare at the time of signature, ratification or accession in respect of which Non-metropolitan Territories This Convention shall apply ipso facto as a result of such signature, ratification or accession.
2. In each case where a non-metropolitan territory is not considered, as far as nationality is concerned, as one with the metropolitan territory, and in each case where, on the basis of the constitutional laws or practice of a Contracting State or the relevant non-metropolitan Territory, the application of this Convention in respect of that territory requires With the prior consent of the latter, the Contracting State must take measures to, in order to obtain the necessary consent of that non-metropolitan Territory within a period of twelve months from the date of signature of the Convention by that Contracting State, and upon receipt of such consent, that Contracting State shall notify the Secretary-General of the United Nations. This 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 expiration of the twelve-month period referred to in paragraph 2 of this article, the Contracting States concerned shall notify the Secretary-General of the results of their consultations with those non-metropolitan Territories for whose international relations they are responsible and whose consent to the application of this Convention has not been obtained.
Article 8
1. At the time of signature, ratification or accession, any State may make reservations to any article of this Convention other than articles 1 and 2.
2. If a State makes a reservation in accordance with paragraph 1 of this article, that reservation shall not affect the binding nature of the Convention between the reserving State and the other parties, with the exception of the regulation or regulations to which the reservation relates. The Secretary-General of the United Nations shall communicate the text of this reservation to all States that are or will be parties to this Convention. Any State that is or subsequently becomes a party to this Convention may notify the Secretary-General that it does not agree to consider itself bound by this Convention to the reserving State. Such notification must be made within ninety days from the date of the notification by the Secretary-General in respect of States that are parties to this Convention and from the date of deposit of the instrument of ratification or accession in respect of States that subsequently become parties to it. In the event of such notification, the Convention will not be in force between the State from which the notification originates and the reserving State.
3. Any State that has made a reservation in accordance with paragraph 1 of this article may withdraw it, in whole or in part, at any time after its acceptance, by notification addressed to the Secretary-General of the United Nations. Such notification shall take effect on the day of its receipt.
Article 9
1. Any Contracting State may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary General.
2. This Convention shall cease to be in force on the date of entry into force of the denunciation, as a result of which the number of parties to this Convention becomes less than six.
Article 10
Any dispute between two or more Contracting States concerning the interpretation or application of this Convention that is not settled through negotiations shall, at the request of either of the disputing Parties, be referred to the International Court of Justice for settlement, unless the parties agree on another method of settlement.
Article 11
The Secretary-General of the United Nations shall notify all Members of the United Nations, as well as non-member States referred to in paragraph 1 of Article 4 of this Convention, of the following:
(a) Signatures and the receipt of instruments of ratification in accordance with article 4;
(b) The receipt of the instruments of accession pursuant to article 5;
(c) The date of entry into force of this Convention in accordance with article 6;
(d) The communication and notifications received pursuant to article 8;
(e) Notifications of denunciation received pursuant to paragraph 1 of article 9;
(f) The termination of the Convention in accordance with paragraph 2 of article 9.
Article 12
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all Member States of the United Nations, as well as to the non-member States referred to in paragraph 1 of Article 4.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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