Özet:

The problem of married womens’ surname has been one of the issues of intensive discussions in both The European Court of Human Rights Jurisprudence and Constitutional Court, Supreme Court decisions. According to the Turkish Civil Code, article 187, which regulates the surname of the married woman, indicates that woman should use her husband’s last name after being married. This article does not give her any right to use her bachelor’s surname only. This regulation was requested to cancel, claiming that it was contradicted to the constitution, but the Constitutional Court refused to cancel this request. On the other hand, The Constitutional Court accepted individual applications made by married women in order to use exclusively their bachelor’s surname and also, It concluded that the mentioned practice violated the right to protect and improve the moral existence which is arranged in Article 17 of the Constitution. The decisions of the Supreme Court has changed during time, previously It was refusing these kind of requests absolutely, however It is accepting them in recent years. The aim of our article is to evaluate the issue of the surname of married woman within the framework of the constitutional court and supreme court decisions

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