Abstract

According to Article 187 of the Turkish Civil Code, a married woman must change her surname upon marriage. The article only provides a married woman with the right to bear her own surname before the surname of her husband. This rule is not only in conflict with the Turkish Constitution but also with the international agreements to which Turkey became a party. The Turkish courts have changed their application of Article 187 in the last years. Practically, Article 187 is considered void by the courts but there is no amendment to the article so far. Even though the courts do not apply Article 187, administrative authorities adhere to it. Therefore, a woman who does not wish to bear a family name is forced to file a lawsuit to use this right. Unless Article 187 is amended, the problem cannot be fully solved. There are some amendment proposals but none of them are satisfying.

Highlights

  • Identity is the qualities of a person that differentiateshim or her fromthe others1

  • According toArticle 27/I of the Turkish Civil Code numbered 4721 (TCC), the change of a name can only be requested from a court when there is a justifiablecause

  • In 1998, after a first instance court applied to the Constitutional Court (CC) with the claim to annul Article 153 of the former Turkish Civil Code numbered 743 (fTCC) on grounds of violation of gender equality,the CC ruled that, if there are justifiable reasons for a difference in treatment, this treatment does not violate equality principle

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Summary

INTRODUCTION

Identity is the qualities of a person that differentiateshim or her fromthe others. These qualities include, among others, appearance, biography, ideas, abilities andinterests.One of the most distinctive features of a person’s identity is his or hername. As a rule and by force of law, Turkish women must change their surname when they marry or get a divorce. A person’ssurname is called his or her family name as it relates such person to a certain family and ancestry6 Due to this aspect,surnames have more cultural and communal features than names and Turkey has a long patriarchal history and tradition. The position of a woman in a marriage has changed within years following the economic and cultural changes in society and the Turkish legislative followed the agenda to amend all of the regulations violatingthe principle of gender equality This agenda has been achieved considerably, the surname of a married woman remains to be an unsolved issue in Turkish law. The search for a solution aims to establish the gender equality and aims to grant women the right to protect their identities

THE SURNAME OF A MARRIED WOMAN ACCORDING TO THE TURKISH CIVIL CODE
GENERAL OVERVIEW
THE CONCRETE NORM CONTROL DECISIONS OF THE CONSTITUTIONAL COURT
THE INDIVIDUAL APPLICATIONS TO THE CONSTITUTIONAL COURT
DEVELOPMENT OF THE DECISIONSOF THE COURT OF APPEALS
THE CURRENT SITUATION IN PRACTICE
THE PROPOSALS FOR THE AMENDMENT OF ARTICLE 187
40 See for example
CONCLUSION
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