Author: Ece Özsü
Introduction
This study examines the decision ("Decision") of the Turkish Constitutional Court ("CC") dated 22.02.2023, published in the Official Gazette on April 28, 2023, which abolished the first sentence of Article 187 of the Turkish Civil Code numbered 4721 ("TCC"), which obliges a woman to take her husband's surname upon marriage. The Decision is considered an important step towards achieving gender equality.
Provision Requested to be Annulled
The application to the Constitutional Court requested the annulment of Article 187 of the TCC on the grounds that it is unconstitutional. Article 187 of the TCC reads as follows:
“A woman takes her husband's surname upon marriage; however, she can also use her previous surname before her husband's surname by submitting a written application to the marriage officer or later to the civil registry. A woman who previously used two surnames can only benefit from this right for one surname.”
The provision in question was requested to be annulled on the grounds that it violates Article 2 titled "Qualities of the Republic," Article 10 titled "Equality before the Law," Article 17 protecting personal immunity and guaranteeing material and spiritual existence, Article 20 regulating the privacy of private life, Article 90 titled "Approval of International Treaties," and Article 153 titled "Decisions of the Constitutional Court" of the Constitution.
The subject of the application is the decision of the Istanbul 8th Family Court, which concluded that the rule requested to be annulled violates the Constitution, in a case filed with the request to allow the woman to use her birthname.
