Abstract:

Last name is a sign which serves to differentiate people belonging to a certain family from members of other families. Bearing a last name is 1 Anayasa Mahkemesi Raportörü, [email protected] only an absolute right but also an obligation for individuals. Name and last name are protected in particular by Articles 26 and 27 of the Turkish Civil Code. The use of last name is, however, restricted in respect of women given that Article 187 of the Turkish Civil Code governs that, upon marriage, a woman takes the surname of her husband. Although the ECtHR rendered decisions of violation against Turkey, stating that this practise was in contravention with Article 14 of the Convention, the Constitutional Court dismissed actions of annulment seeking to revoke Article 187 of the Civil Code. On the other hand, the High Court found admissible individual applications lodged by married women to use exclusively their maiden names and it concluded that the mentioned practice violated the right to protect and develop of moral existence which is laid down in Article 17 of the Constitution. In this article, after defining legal nature of the right to last name, it would be examined in the light of the case-law of the Constitutional Court whether women’s last name problem falls within the scope of constitutional norm review or should be addressed through individual application procedure, and solutions to the problem would be put forward

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