Özet:

In this research, the issue of women's surname discussed in the context of gender inequality was examined in the framework of the Constitutional Court's decisions of Arged No. 2009/85 and Decided No. 2011/49 and of Application No. of 2013/2187. According to these decisions, the Constitutional Court decided that women who are married were not able to use their surname before marriage until 2014. After this date, it has changed its opinion and opened the way of using surname before marriage for the women who applied to the Constitutional Court by the way of individual communication. But, the jurisprudence change cannot put away the reality that the jurisdiction has an attitude and a language based on gender discrimination. Surname, is one of the rights strictly connected to the people and it is not possible to be changed by force. But, woman is forced to change every surname by marriage or divorce. This is a violation of women’s right. The question of gender inequality about woman's surname seen in the judgment system, can be resolved if the jurisdiction puts away its patriarchal point of view and makes decisions that will ameliorate woman's disadvantaged conditions, protect her rights against male dominance.

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