Kadının Soyadı Hakkının Türkiye’deki Serüveni: Bu Henüz Mutlu Son Değil
The Adventure of Women’s Right to Surname in Turkey: This is Not A Happy Ending Yet

Author(s): Seda Özkan
Subject(s): Gender Studies, Civil Law
Published by: Transnational Press London
Keywords: CEDAW; Turkish Civil Code; women’s right to surname; prohibition of discrimination; right to respect for private
Summary/Abstract: Article 187 of the Turkish Civil Code, which regulates the surname of women, annulment by the decision of the Constitutional Court dated 22/02/2023. Until the annulment decision of the Constitutional Court dated 22/02/2023, important judicial steps were passed regarding the woman’s right to surname. The ECtHR, in decision of Ünal Tekeli v. Türkiye, ruled that the woman’s right to surname was violated, and this decision became a turning point. In this decision, the ECtHR reveals that the article regulating the surname of the woman violates the right to respect for private life guaranteed by Article 8 of the ECHR and, accordingly, the prohibition of discrimination under Article 14 of the ECHR. This decision has also been a guide in terms of constitutional complaints brought before the Constitutional Court as of 23/09/2012. However, the violation of the women’s right to surname has not yet been eliminated. Because, although the annulment of Article 187 of the Law has eliminated the source of the violation, the fact that there is no regulation yet despite the nine-month period has expired, creating a new form of violation against the women’s right to surname by the legislature.

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