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Nationality of married women

Order 253 (1967)

Author(s):
Parliamentary Assembly

See attached table.

Appendix – Orders adopted

January 1967

No.

Sitting and date

Directed to :

Subject

252

22nd Sitting

26th January 1967

Legal Committee

Right of conscientious objection (Doc. 2170)

The Assembly,

1. Having regard to its Resolution 337 (1967) and its Recommendation 478 (1967) on the right of conscientious objection,

2. Instructs the Legal Committee to report regularly to it on the measures taken in pursuance of the said Resolution and Recommendation.

253

23rd Sitting

26th January 1967

Legal Committee

Nationality of married women (Doc. 2172)

The Assembly,

1. Considering that one of the consequences of the increase in the mobility of individuals within the member States of the Council of Europe is the growing number of "mixed" marriages between nationals of different States ;

2. Considering that these marriages frequently involve legal problems, in particular where the nationality of married women is concerned ;

3. Considering that these problems do not find a uniform solution in the member States of the Council of Europe because the national legislations of the various member States operate differently in respect of the effect on the nationality of a married woman, of marriage, of a change in the nationality of the husband during the marriage, and of the dissolution of a marriage ;

4. Considering that harmonisation of legislation in this field would be desirable and in line with the aims of the Council of Europe ;

5. Considering that the United Nations Convention of 29th January 1957 on the Nationality of Married Women seeks to establish the principle that marriage to an alien does not automatically affect the nationality of the wife ;

6. Considering that this Convention has been signed and ratified by five member States of the Council of Europe (Danemark, Ireland, Norway, United Kingdom and Sweden) and that the legislation of other member States of the Council of Europe conforms to the provisions of this Conventions ;

7. Considering, however, that the legislation of a certain number of Council of Europe member States, while it confers a right of option on a woman who marries a man of another nationality, is not compatible with the provisions of the United Nations Convention of 29th January 1957 ;

8. Considering that it seems desirable to ensure the free option of the woman in one way or the other ;

9. Considering further more that this question is not unrelated to the expressed aim of legislation in several countries of avoiding as far as possible cases of dual nationality, and moreover that a European Convention on the reduction of cases of multiple nationality and on military obligations in cases of multiple nationality was signed in Strasbourg on 6th May 1965,

10. Instructs the Legal Committee to continue its study of this question and, in particular, to investigate the possibility of harmonising European legislation on the effect of marriage on the nationality of women ; possibly by a European Convention, with due regard to the foregoing considerations.

254

23rd Sitting

26th January 1967

Legal Committee

Civil liability for motor accidents (Doc. 2173)

The Assembly,

1. Having noted the report of the Legal Committee on civil liability for motor accidents,

2. Instructs the Legal Committee to continue its study of this question and submit its final conclusions in due course.

255

23rd Sitting

26th January 1967

Permanent Working Party on Parliamentary and Public Relations

Ratification of Protocols Nos. 2, 3 and 4 to the European Convention on Human Rights (Doc. 2152)

The Assembly,

1. Considering its Recommendation 485 (1967) on the ratification of Protocols Nos 2, 3 and 4 to the Convention on Human Rights,

2. Instructs the Permanent Working Party on Parliamentary and Public Relations to invite its members to take ail suitable action for the purpose of ratification of the said Protocols.