Turkish women cannot use maiden names alone: 9th Judicial Reform Package

The ruling Justice and Development Party (AK Party) has submitted the 9th Judicial Reform Package to the Grand National Assembly of Türkiye (TBMM). A significant element of this package pertains to women’s rights to retain their maiden names.

Despite a prior ruling by the Constitutional Court deeming it unconstitutional for women to use only their husband’s surname after marriage, the new proposal maintains that a woman can only use her maiden name in conjunction with her husband’s surname.

The Constitutional Court previously emphasized that women should be allowed to use their maiden names alone if they choose, granting the TBMM nine months to amend the legislation accordingly.

However, the new package disregards this directive, justifying its stance by arguing that parents using different surnames might negatively affect children and lead to confusion about which surname to adopt.

According to the proposal, if a woman’s surname includes her previous husband’s surname, she may choose to use only one of these names before her new husband’s surname.

Impact agent controversy

Notably absent from the reform package is the contentious “impact agent” provision, which the opposition has criticized.

This proposed legislation aimed to criminalize activities perceived as espionage conducted in the interest of foreign states or organizations, potentially leading to severe penalties. The draft of this provision, leaked last May, drew significant public backlash.

However, the ruling AK party leaders clarified that this was not part of the final submission and remains under review for future legislative proposals.

Additional developments

1. Vehicle confiscation and sale: The package proposes streamlined procedures for selling impounded vehicles that are unclaimed or cannot be returned to their owners, intending to reintegrate these assets into the economy.
2. Legal reforms:
   • Mothers will gain the right to contest paternity in line with Constitutional Court rulings.
   • Allocation of judicial aid funds will be adjusted, reducing the percentage provided to bar associations in provinces with multiple bars.
   • Monetary thresholds determining single-judge or panel hearings in administrative courts will be based on the filing date.
   • The number of candidates called for interviews for judicial and prosecutorial assistant positions will be reduced, and international law topics will be added to the interview syllabus.
   • Compensation for Supreme Court and Council of State members, judges, and prosecutors will be equalized.