Equality for Women Platform: We will defend the right to our surnames
The Constitutional Court (AYM) had annulled the provision in the Turkish Civil Code that prevented women from using only their maiden names after marriage, finding it contrary to equality. The decision will come into effect on January 28.
The Constitutional Court had annulled the first sentence of Article 187 of the Turkish Civil Code in April, which stipulated that "a woman who marries shall take her husband's surname, but may use her previous surname before her husband's surname upon a written application to the marriage officer or later to the population registry, and that a woman cannot use her maiden name alone after marriage," and gave the Grand National Assembly of Turkey (TBMM) 9 months to make a new regulation. The 9-month period expires on January 28, 2024. However, no work has been done yet.
In its statement, the Equality for Women Platform pointed out that there is an attempt to keep the law as it is. The statement, which says, "We reject this sexist imposition that seeks to seize not only a woman's identity but her entire life," is as follows:
The obligation for women to carry their husbands' surnames after marriage had been rejected by the Constitutional Court.
The first and second sentences of Article 187 of the Civil Code, which mandate that "a married woman shall carry her husband's surname," had been annulled by the Constitutional Court.
The nine-month period granted by the Court to the TBMM to make "a new regulation in accordance with gender equality" expires on January 28.
As required by Article 90 of the Constitution and as emphasized in many Constitutional Court decisions, this provision, which is contrary to many international conventions including the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), was already NULL AND VOID. It is now definitively null and void.
There is no legal vacuum: In accordance with Article 41 of the Constitution, which regulates equality in the family, and Article 16/g of CEDAW, these are provisions that are in force and are to be applied directly.
Attention married women and women who are about to marry:
The obligation to file a lawsuit for women who want to continue with their own surnames in marriage has been lifted.
* Married women can apply to the Population Directorates today and continue their marriages with their maiden names.
* Women who are about to marry can from now on declare that they will use their maiden names and continue their lives with their own surnames.
We see that with the 8th Judicial Package on the government's agenda, the Constitutional Court's annulment decision is being ignored, and there is an attempt to keep Article 187 regarding a woman's surname exactly as it was, continuing the imposition of forcing women to use their male spouses' surnames.
We reject this sexist imposition that seeks to seize not only a woman's identity but her entire life.
Equality in the child's surname and population registries
The issue of surnames must be addressed as a whole in all its aspects.
* Spouses should have the right to carry only their own surnames; or to choose the surname of one of the spouses or a new name as the family name.
* A mother should also be able to give her own surname to her child.
* The practice of transferring a married woman to the man's registry and registering the child in the father's registry must be ended. In the case of marriage, a new registry should be opened for the family.
We call out to all women and the public:
The Turkish women's movement has been fighting for the right to a surname for decades. We do not want to lose more decades or centuries. We call on all women to claim their absolute personal right to their surnames; and we call on all institutions and men to respect this right.
We will defend the right to our surnames.
We will not give up on equality in the family or equality in society.
News Source: 12punto
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