Unwholesome marriages and diamond drills: The making of the UN Marriage Convention (1962)

Abstract The article analyses archival materials from the drafting of the UN Marriage Convention (1962) between 1949 and 1962. This Convention is usually understood as a human- and women’s rights Convention. The article expands this understanding by showing that the Convention was produced through a collaboration between the UN Commission on the Status of Women, and the Trusteeship Council, Committee on Information from Non-Self-Governing Territories, and metropolitan administrators of former colonies, then having the status of dependent territories. The treaty-makers focused exclusively on marriages in the dependencies but were in great doubt about the form and amount of force in these marriages. They, accordingly, were unsure how to measure such force. Nevertheless, they proceeded with the drafting, as their visions of free marriage and emancipated women were bolstered by their commitment to the ongoing economic transformation accompanying decolonization of the territories. The article shows how human rights of marriage thus emerged from ideas about economic development convoluted with ideas about marriages and women; and articulates this history’s theoretical implications for the rights’ applicability today. It also expands our understanding of international women’s rights as regulatory models, and of the post-colonial political economy of international law.