Women’s Surname Rights in Türkiye

WOMEN’s SURNAME RIGHTS in TÜRKİYE First of all, what exactly is a surname? A surname is a formal name element that follows a person’s given name and indicatates family ties. It is used to distinguish individuals, prevent confusion among those with the same name and specify family origins. In Türkiye, it became mandatory with the Surname Law of 1934. Why are we treating this issue as a problem? What appears to be a simple name can turn into a an issue of identity, equality and law. Under this legal framework everyone had a surname, while men kept their surnames throught their lives. Women however, were required to take their husband’s surname upon marriage. The issue of women’s surnames is about more than just a name. It is closely conntected to law, society, culture… In many countries, the rules surrounng a women’s surname, especially after marriage, have been shaped by long-standing patriarchal traditions. One of the most familiar examples is the expectation that a woman should take her husband’s surname after marriage. This tradition can be traced back to older ideas such as coverture, where a married woman’s legal identitiy was closely tied to that of her husband. Today, however, this tradition raises an important question: how can these long-standing practies be reconciled with the principle of gender equality recognized by modern constitutions and human rights law? As socities change and move towards greater equality, the discusaions around women’s surnames becomes increasingly important. It is not only about what the law says, but also about how those laws are applied and how they affect women in their everday lives. This article looks at how laws concerning women’s surnames have evolved, how different legal systems approach the issue, and the continuing efforts of women who want the freedom to keep or choose their own surnames. So, was the necessity for women to have the right to use their own surnames-as individuals in their own rights- never even considered? TCC numbered 743,which is a law of an era,realized highly important attempts in the field of women’s rights. At that time it was taken naturally for a woman to take their husband’s surname upon marriage. However, as a result of the women’s change of position within the society, this regulation became meaningless. According the article 187, a woman taking her husband’s surname after mariiage is the exact opposite of the concept of equality. In order to remedy the injustice in question, the ruling partu has decided to re-evaluate the provision regarding women’s surnames included in the 9th Judicial Package and repeald the first sentence of the article. In this context, the possibility of removing the provision in the Package- which stipulates that a woman may use her pre mariiage surname only in conjunction with her husband’s surname- and postponing it to the new legislative year has come to agenda. The Constituonal Court annulled first sentence of the article 187, finding it contrary to the principle of equality. The Court’s decision was pusnlihed in the Official Gazette on April 28,2023 and nine months later, on January 28,2024, it entered into force. Although the provision preventing a woman from using solely pre-marriage surname was annulled, the failure to enact new regulations for a long time led to practical disputes and created a legal vacuum. For this reason, academic studies (for example: https://dergipark.org.tr/tr/pub/nisantasibd/article/1751921) notes that population directorates can create difficulties in practice regarding requests by women to use only their surnames. Under current practice, the marriage procedures webpage of the General Directorate of Population and Citizenship Affairs still primarily provides informaitom based on the assumption that a woman still use her spouse’s name alongside her own pre-marriage surname. Furthemore, a new proposal regarding article 187 of the TCC was submitted to the Grand National Assembly of Türkiye (proposal reference number: 2/2015). This proposal envisions allowimg spouses to retain their own surnames or to select one of their surnames as the family name- though the mere submission of the proposal does not mean it is currently in force as law. Changing a surname—whether during the marriage or upon its dissolution—entails numerous difficulties for the individual concerned in both private and public spheres. The fundamental principle is that a person's surname should not be altered against their will. We must abandon the practice ofimposing a change ofidentity through a name and the effort to define a woman by forcibly assigning her a man's surname. Moving away from such practices will not only nurture a woman's sense ofselfand personal dignity but will also propel our society toward legal and social modernization. Undoubtedly, it will be difficult to immediately abandon a deeply rooted practice like the male-dominated tradition ofimposing surnames. However, as noted in the European Court of Human Rights' ruling in the *Ünal Tekeli v. Turkey* case, it is reasonable to expect society to tolerate a certain level ofdiscomfort. Ultimately, it is my personal view and hope that the name and surname ofany individual—whether male or female—should not be arbitrarily altered, thereby ensuring that people can live with the dignity and respect they deserve, in accordance with the names they have chosen for themselves.