03 June 2023 Saturday
Decision concerning the Annulment of the Provision Entailing the Married Woman to Bear Her Husband’s Surname
Request for annulment of Article 187 of the Turkish Civil Code no. 4721 and dated 22 November 2001 (“the Code”) for being in breach of Articles 2, 10, 17, 20, 90, and 153 of the Constitution.
The said provision was alleged to be in breach of the principle of equality as it provided for a difference in treatment between women and men as regards their entitlement to bear their own surname prior to marriage alone. The Court decided to annul the contested provision on the grounds that it was contrary to Article 10 of the Constitution. Accordingly, the Court found unconstitutional and annulled the first sentence of Article 187 of the Turkish Civil Code no. 4721 and dated 22 November 2001. As the provision was repealed as being contrary to Article 10 of the Constitution, it was not examined under Articles 2, 17, 20, 90 and 153 of the Constitution.