{"id":3696,"date":"2023-07-30T14:16:46","date_gmt":"2023-07-30T11:16:46","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=3696"},"modified":"2024-06-05T14:03:14","modified_gmt":"2024-06-05T11:03:14","slug":"kadinin-kocasinin-soyadini-almasini-ongoren-kuralin-iptali","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/kadinin-kocasinin-soyadini-almasini-ongoren-kuralin-iptali\/","title":{"rendered":"Cancellation of the Rule Allowing Wives to Take Her Husband’s Surname"},"content":{"rendered":"TMK.art. According to the provision of Article 187: \u201cA woman takes her husband’s surname upon marriage; However, she can also use her previous surname in front of her husband’s surname by making a written application to the marriage officer or to the civil registry office later. “A woman who has previously used two surnames can benefit from this right for only one surname.” (The first sentence of this article has been annulled by the Decision of the Constitutional Court dated 22\/2\/2023 and numbered E.:\u20082022\/155, K.:\u20082023\/38. It is stipulated that this Decision will enter into force nine months after its publication in the Official Gazette. 14 With the Decision of the Constitutional Court dated 22\/2\/2023 and numbered E.:\u20082022\/155, K.:\u20082023\/38, the second sentence of this article was annulled and will enter into force nine months after its publication in the Official Gazette. has been ruled.)
\nOn 22\/2\/2023, in the file numbered E.2022\/155, the Constitutional Court decided that the first sentence of Article 187 of the Turkish Civil Code, dated 22\/11\/2001 and numbered 4721, was unconstitutional and annulled.
\nRule Subject to Objection
\nIn the rule subject to objection; It is envisaged that the woman who gets married will take her husband’s surname, but can also use her previous surname in front of her husband’s surname, with a written application to the marriage officer or the civil registry office later, and that the woman cannot use her maiden surname alone after marriage.
\nApplication Reason
\nIn summary of the application decision; The European Court of Human Rights (ECHR) stated that the surname forms a part of the woman’s identity and personality, that the restriction imposed on the woman’s right to use her surname before marriage by the contested rule does not have a legitimate purpose, and that while it is possible for a man to use the surname he acquired at birth throughout his life, not granting the same right to a woman is incompatible with the principle of equality. It has been claimed that the rule is unconstitutional, stating that it has made violation decisions due to the different treatment in question, and that there are also violation decisions given by the Constitutional Court in the field of individual application, but the unamended rule continues to be implemented by the administration, and that this situation violates the principle of binding force of the Constitutional Court’s decisions.<\/p>\n

Evaluation of the Court
\nBearing the surname, which is a part of the personality, is not only an obligation but also a right under Article 20 of the Constitution. As a matter of fact, the ECHR also accepted that the mentioned right is within the scope of Article 8 of the European Convention on Human Rights. With the constitutional amendments made during the process, it was strongly emphasized that the equality of men and women must be fully ensured in order to be able to say that the principle of equality before the law has been implemented, and the importance that the constitutional maker attached to the appearance of the principle of equality between spouses was clearly demonstrated. In this respect, it has been concluded that men and women are in a comparably similar situation in terms of the use of their maiden surnames after marriage. While the man can use his maiden name alone after marriage, it is clear that the woman can only use her maiden name in front of her husband’s surname after marriage, so it is clear that there is different treatment on the basis of gender between spouses who are in a comparable situation.
\nMany individual applications have been made to the ECHR and the Constitutional Court, claiming that not allowing the woman to use her maiden name after marriage causes a violation of rights. In this context, the ECHR decided that not allowing the woman to use her maiden name alone violated Article 14 of the Convention in the context of Article 8. The Constitutional Court stated that since the provisions of international agreements stipulating that men and women have equal rights in terms of surnames after marriage and the domestic legal regulations requiring the married woman to use her husband’s surname contain different provisions on the same subject, the provisions of international agreements should be taken as basis in accordance with the fifth paragraph of Article 90 of the Constitution. In this respect, he stated that the application of Article 187 of Law No. 4721 regarding the applicants was incompatible with the principle of legality and caused a violation. On the other hand, the Supreme Court, which has developed an important jurisprudence in cases regarding women’s surnames, has accepted, like the Constitutional Court, that the provisions of international agreements should be applied in accordance with the fifth paragraph of Article 90 of the Constitution, in disputes arising from the woman not being allowed to use her maiden name. On the other hand, it is clear that women’s enjoyment of equal rights with men must first be guaranteed by the law, which is the primary source of law, and administrative practices that can implement this guarantee must be developed, and that judicial precedents in this context cannot be accepted as providing sufficient guarantee on their own.
\nWhether there is an objective and reasonable reason for treating those in similar situations differently.","protected":false},"excerpt":{"rendered":"

TMK.art. According to the provision of Article 187: \u201cA woman takes her husband’s surname upon marriage; However, she can also use her previous surname in front of her husband’s surname by making a written application to the marriage officer or to the civil registry office later. “A woman who has previously used two surnames can […]<\/p>\n","protected":false},"author":12,"featured_media":3697,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3696","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3696","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=3696"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3696\/revisions"}],"predecessor-version":[{"id":5094,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3696\/revisions\/5094"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/3697"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=3696"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=3696"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=3696"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}