07.11.2025 12:04
The Constitutional Court has decided to review the request for the annulment of the provision stating, "The registration of a married woman is transferred to her husband's household." The Istanbul 14th Civil Court of First Instance had made the application on the grounds that this article violates the principle of equality. The High Court had previously annulled a similar regulation regarding a woman's surname, considering it a form of gender-based discrimination.
The Istanbul 14th Civil Court applied to the Constitutional Court for the annulment of the provision in the second paragraph of Article 23 of the Population Services Law, which states, "The record of the married woman is transferred to her husband's household," on the grounds that it violates the principle of equality. The Supreme Court completed the initial examination of the application and decided to review the annulment request regarding the relevant section of the article on its merits. The regulation will be discussed in detail on a date to be determined by the Constitutional Court.
OTHER PROVISIONS REJECTED FOR LACK OF JURISDICTION
The Constitutional Court rejected the annulment request for the provisions in the continuation of the same article, which state, "A woman whose husband has died remains in her deceased husband's family registry until she remarries. However, she may return to her father's registry if she wishes," on the grounds of lack of jurisdiction, as it was not the subject of the case examined by the local court.
ASSESSMENT OF "VIOLATION OF THE PRINCIPLE OF EQUALITY"
The Istanbul 14th Civil Court, which made the application, stated that the relevant regulation is contrary to gender equality and brought it to the Constitutional Court. The court argued that this provision contains an understanding that "ties the woman to the man's household, undermining her individual identity."
THE CONSTITUTIONAL COURT HAS SIMILAR DECISIONS
The Constitutional Court had previously annulled Article 187 of the Turkish Civil Code. This article contained the provision, "A married woman takes her husband's surname, but may use her own surname in front of it if she wishes." In that decision, the Constitutional Court made the following assessment: "While a man can use his surname before marriage alone after marriage, allowing a woman to use only in conjunction with her husband's surname constitutes different treatment based on gender."
THE DECISION IS CRITICAL IN TERMS OF THE PRINCIPLE OF EQUALITY
The decision that will emerge from the Supreme Court's examination of the Population Services Law is expected to set a precedent regarding women's civil rights and their status in the population registry system.