The Myth of Gender Equality in Turkey: Her Name or Sir-Name?

Authors

Joseph Zand, İnönü University, Malatya, Turkey
Bahar Öcal Apaydın, İnönü University, Malatya, Turkey

Abstract

Gender equality is one of the most contentious matters in the contemporary Turkish society. Unlike in many other parts of the developed world, Turkish women still struggle to use their maiden name, as well as to pass it on to their children upon marriage. A woman's surname is of crucial importance to her identity. Despite the fact that Turkey is a part of the European Civil Law tradition and the Turkish Civil Code has a specific provision regarding women's surnames, Turkey has failed to grant its female population a choice in relation to their surname after marriage. The European Court of Human Rights has, in the past, censured Turkey on this very issue. The censure prompted Turkish lawmakers to accept an individual application mechanism before the Turkish Constitutional Court. This mechanism, however, does not guarantee gender equality or a choice for women to maintain their maiden name after marriage in Turkey. This article examines gender equality in Turkey through the problem of lack of right for wives to choose their marital surname upon marriage and exposes a gap between Turkey's domestic law practice and its international commitments by analyzing the case law of the Turkish judiciary and the European Court of Human Rights.

Disciplines

Human Rights Law | Law | Law and Gender

Recommended Citation

Joseph Zand & Bahar Ö. Apaydın, The Myth of Gender Equality in Turkey: Her Name or Sir-Name?, 22 Cardozo J. Equal Rts. & Soc. Just. 253 (2016).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol22/iss2/4