A Woman's Right and Obligation to Carry her Husband's Name
Public relations expert Sırma Oya Tekvar Geray opened a trial to "re-gain her identity and register that had changed upon her marriage". The court rejected her claim in the first hearing of the case. Tekvar described the decision as an "extrajudicial execution". She commented, "Women have to realize that the change of the women's surname with marriage is an open indicator of discrimination".
Tekvar married Prof. Haluk Geray, Dean of the Ankara University Faculty of Commincations, on 17 October 2009. Without her consent she was forced to carry her husband's surname Geray together with her maiden name because of marriage.
Her husband Haluk Geray applied for carrying both his own and his wife's name after marriage but this request was dismissed based on the Turkish Civil Court, Tekvar said.
"Women obliged to carry husbands' surname"
The first hearing was held on 16 December before the Ankara 2nd Family Court. Tekvar's request was rejected for the following reasons:
"Article 187 of the Turkish Civil Code (Law No. 4721) stipulates, "Married women shall bear their husband's name. However, they can make a written declaration to the Registrar of Births, Marriages and Deaths on signing the marriage deed, or at the Registry of Births, Marriages and Deaths after the marriage, if they wish to keep their maiden name in front of their surname. Women who previously carried two surnames can only benefit from this law for one name".
Applying Article 187 of the Civil Code, women are obliged to bear their husband's name and at the same time this is being evaluated as a right granted to the women. As a matter of fact, no women can object to bearing her husband's name. As long as she is married, the woman is obliged to bear her husband's name and she cannot change her surname if the marriage ends.
In a statement made to bianet after the hearing, Tekvar assessed the judges attitude as an "extrajudicial execution".
"I wish that this is struggle does not only remain my personal trial. I want to create awareness in the society. Women have to realize that the change of the women's surname with marriage is an open indicator of discrimination", Tekvar said.
Tekvar was asked in the hearing whether her family was supporting her request. She answered that her father attended the hearing to support her.
Precedent
Tekvar's lawyer Alev Yıldız announced that they would take the initiative for an according legal amendment. Yıldız also represented Assoc. Prof. Ebru Voyvoda from the Middle East Technical University (ODTÜ) in a similar case tried at the European Court of Human Rights (ECHR). This was the first trial of its kind that was won, a precedent for the Turkish judiciary. (BT/VK)