A Win for Women's Rights in Türkiye: The Constitutional Court Annuls Provision Preventing Women From Using Their Birth Surname Alone

03-05-2023

Bilge Ece Zeyrek

Middle East and Human Rights Researcher

Global Human Rights Defence

An important development in terms of women's rights has occurred in Türkiye. The Turkish Constitutional Court has taken a decision by majority vote that allows women to only use their birth surname after marriage. [1] According to the decision, the provision in Article 187 of the Turkish Civil Code, which obliged women to take their husband's surname, was contrary to the constitution and has been annulled. This decision was made possible by persistent demands and the struggle of women.

According to Article 187 of the Turkish Civil Code dated 2/11/2001 and numbered 4721, a woman is required to take her husband's surname upon marriage, but can use her birth surname in front of her husband's surname with a written application to the marriage officer or later to the civil registry office. [2] While a man continues to keep his birth surname after marriage, women cannot benefit from this application. The Constitutional Court ruled that this practice constitutes differential treatment between spouses on the basis of gender and is incompatible with the principle of equality. Therefore, it is contrary to Article 10 of the Turkish Constitution, which states that ‘Everyone is equal before the law without distinction as to language, race, color, sex, political opinion, belief, religion and sect, or any such grounds’. [3]  

One member who voted against the annulment argued that ‘social equality between men and women is impossible due to differences in anatomy, physiology, psychology, and gender.’ [4] He claimed that the idea of gender equality is a ‘modern superstition’ and is incapable of promoting peace, justice, and happiness in both the family and society. [5] This idea put forward by a member of the high judiciary is a clear example showing that there is still a long way to go in terms of gender equality in Türkiye.

The decision will come into effect nine months after its publication in the Official Gazette on 28 April 2023. The Parliament to be constituted after the upcoming presidential and general election will be responsible for putting this judgment into practice and amending the Civil Code in alignment with the Constitutional Court majority’s reasoning. The political atmosphere during that period is hard to predict, however, women fighting for equality have reason to be hopeful.

Sources and further reading:

[1] T.C. Resmi Gazete, Sayı: 32174, (28 April 2023) <https://www.resmigazete.gov.tr/28.04.2023> accessed 3 May 2023. 

[2] Turkish Civil Code, <https://rm.coe.int/turkish-civil-code-family-law-book/1680a3bcd4> accessed 3 May 2023.

[3]  The Turkish Constitution, <https://www5.tbmm.gov.tr/yayinlar/2021/TC_Anayasasi_ve_TBMM_Ic_Tuzugu_Ingilizce.pdf> accessed 3 May 2023.

[4] T.C. Resmi Gazete (n 1). 

[5] ibid.