WOMEN’S SURNAME IN LIGHT OF THE JUDICIAL DECISIONS
| Autor: | İNCE, Nurten |
|---|---|
| Jazyk: | turečtina |
| Rok vydání: | 2017 |
| Předmět: | |
| Zdroj: | Volume: 3, Issue: 2 37-58 Uluslararası Politik Araştırmalar Dergisi |
| ISSN: | 2149-8539 |
| Popis: | Türk Medeni Kanunu’nun 187. Maddesi incelendiğinde evlenen kadın, soyadını değiştirmeye zorlanmaktadır. Bu maddenin kadının kişilik hakkını, ayrımcılık yasağını ve kamu düzenini ihlal edip etmediği birçok karara konu olmuştur. Türkiye’de 2010 yılında yapılan değişiklik sonucunda Anayasa Mahkemesi'ne bireysel başvuru kabul edilmiş olunup, soyadı sorunu Anayasa Mahkemesi tarafından bireysel başvuruyla da incelenmiştir. Bu çalışmada kadının soyadına ilişkin Avrupa İnsan Hakları Mahkemesi, Anayasa Mahkemesi ve Yargıtay kararları ile Alman hukuku dikkate alınarak soruna çözüm önerisi getirilmeye çalışılacaktır. The problemof women’s surname has been one of the most controversial matters in EuropeanCourt of Human Rights as well as in the Turkish jurisprudence. According to the"Turkish Civil Law Art. 187 ", married women are bound to carry theirhusband’s surname. They are allowed to use their former surname before theirhusband's surname either with a written application approved by the marriageofficer, or later through written permission of Government Administration.Women can claim the right to use one surname only, even if they had two beforemarriage.” Turkish LawArt. 187 forcing women to carry their husbands’ last name is contrary to theprinciple of democracy and it has been discussed in front of many courts. InTurkish law, child takes his father's surname when parents are married,otherwise his mother's last name. Women birth name is replaced by husband'ssurname after marriage and this is against freedom and equal opportunity.Acquisition and replacement of the surname should be a personal right. It isinstead regulated by the Family Law against personal rights. Individualsare socially well-known by their names and surnames. For this reason, the rightto one's name and surname belongs strictly to one's personal rights. Using asurname can be a privilege but at the same time an obligation. Surname is"non erasable". Once surname is acquired, it can be changed only byjustice for justified reason. The preservation of the invariance and continuityof the names and surnames of persons, is not only interest of the owner, but itis also interest of the society in which the person lives. Indeed, the name and surnameof the person are distinguished from other persons in society in his socialrelations and legal procedures. In this respect, securing the permanence of thenames and surnames of the persons prevents the confusion and ambiguity indetermining the rights and obligations. Forcing an adult to change hissurname violates his personal rights as well as the public interest. In thisessay, the problems of the women's surname during marriage are discussed inlight of the decisions and to make improvements. |
| Databáze: | OpenAIRE |
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