The Constitutional Court (AYM) cancelled the provision of the Turkish Civil Code that allows a woman to use her maiden surname only in front of her husband's surname after marriage, stating that it is against equality.

In a lawsuit filed by a woman in order to use only her own surname after marriage, İstanbul 8th Family Court requested the cancellation of the provision of the Turkish Civil Code that regulates that "a woman can use her surname before marriage only in front of her husband's surname", stating that it is against equality.

In the justification of the request for annulment, the court stated that while it is possible for a man to use the surname he acquired at birth throughout his life, the denial of the same right to a woman is contrary to the principle of equality.

The Constitutional Court, which evaluated the application, cancelled the provision in Article 187 of the Civil Code. The Supreme Court cancelled the provision regarding the regulation in Article 187 of the Civil Code. In the Constitutional Court's decision, it was stated that according to the Constitution, women and men have equal rights and the family is "based on equality between spouses", and it was stated that: "Since the rule stipulates that a woman can use her surname before marriage only in front of her husband's surname after marriage, it is clear that different treatment on the basis of gender is made between spouses who are in a similar situation in a comparable way."

In the Constitutional Court's (AYM) decision, it was stated that the woman taking her husband's surname after marriage is not the only option that makes it possible for the family to have a common surname. "In this context, it is also possible to foresee that the common surname will consist of a combination of the surnames of the spouses before marriage".

According to the Constitutional Court's decision published in the Official Gazette, women will no longer need to file a lawsuit in order to use their premarital surnames alone. The decision will enter into force 9 months later.

LAWYER SEVIL ARACI: AN IMPORTANT DECISION

Commenting on the Constitutional Court's cancellation decision to Evrensel Daily, lawyer Sevil Aracı pointed out that this decision is long overdue. "In the past, women could apply to the court with the same allegations and win the right not to use their husbands' surnames," said Aracı and continued as follows: "The regulation had been proven to be contrary to equality many times by court decisions and there were also ECtHR judgements in this direction. The Constitutional Court's decision is important and pleasing as it will enable all women to exercise this right without waiting at the court gates."

REACTIONARY AND BIGOTED MENTALITY CLEARLY MANIFESTS ITSELF IN THE DISSENTING OPINION

Stating that another noteworthy point in the decision was the dissenting opinion by 5 members, Aracı said: "The dissenting opinion clearly shows the reactionary and bigoted mentality that ignores women, does not accept the equality of women and men. In the dissenting opinion, which emphasises that family unity is very important for the protection of the social structure, it is claimed that the legislator's preference in favour of the male for the family name is not contrary to equality. However, as emphasised in the Constitutional Court decision, the only way to protect family ties is not to choose the man's surname as the common surname. Having a common surname cannot be stated as the basic condition for ensuring unity. This provision, which disregards the woman's life before marriage and obliges the woman to introduce and declare herself with different surnames in cases of marriage and dissolution of marriage, is clearly against the equality of women and men. In this sense, this decision of the Constitutional Court is good news for all women. Hopefully, other unequal provisions in the civil registry records will be abolished." (EVRENSEL DAILY)