Proceedings of the 5th International Conference on Gender Studies and Sexuality
Year: 2024
DOI:
[PDF]
The Constitutional Protection of Transgenders’ Right to Change Their Name in Turkish Law
Kemal Atasoy
ABSTRACT:
The transition process for transgender individuals from their assigned gender to their felt gender is often not straightforward within the legal system and societal life. Transgenders face legal obstacles when they have a claim to change their name in the register in accordance with their appearance. Under the Turkish Civil Code, there is a “just reason” requirement to hear an individual’s claim to change the registered name in the court. The Constitutional Court emphasized that the “just reason” requirement cannot be interpreted in an unlawful manner. The first instance courts and the Court of Cassation were apt to rule that a transgender would breach the public order and create misperception in society via the claim to change the registered name to a name that suits their appearance and will. The jurisprudence established that a transgender should have had a sex-change operation before the demand for a name change in the civil registry. However, the right to choose their name is a part of transgenders’ right to develop their personality. This requirement would not be more convenient in transgenders’ cases. Resolving the confusion between a transgender person’s assigned gender name and their felt gender appearance is typically justified, as it benefits both society and the individual. The decision of the Constitutional Court ruled that the right to change their name could be exercised pre-surgery when the transgenders demand their absolute right and respect for their privacy.
keywords: absolute right, civil law, just reason, personality, privacy