Abstract:

According to Turkish Law, married women are bound to carry their husbands surname. In 2004, Turkey was held to be in violation of the right to respect for private and family life as well as the prohibition of discrimination by the European Court of Human Rights, due to its legal provision regarding surname of married women. In this respect, it was expected from Turkey to amend its provision pursuant to international human rights standards. The Turkish Constitutional Court has, nevertheless, held these provisions in conformity with the Turkish Constitution, in 2011. Since this decision of the Constitutional Court, the mentioned legal issue has been discussed both in mass media and in legal circles. This article examines the problem of surname not only of women but also of children, since the latter does not stand alone. This article, studies these problems with regard to two different disciplines; Turkish Domestic Law and international law, both in comparison with developments in Swiss Law. As a solution to the problem, a law proposal in light of developments in international law is given at the conclusion of the article.  

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