PROCEDURE

The case originated in an application (no. 29865/96) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mrs Ayten Ünal Tekeli (“the applicant”), on 20 December 1995.

The applicant, who had been granted legal aid, was represented by Mrs Aydan Demirel Ersezen, a lawyer practising in İzmir. The Turkish Government (“the Government”) were represented by their Agent.

The applicant alleged that the refusal by the domestic courts to allow her to bear only her maiden name unjustifiably interfered with her right to protection of her private life. She further alleged that she had been discriminated against in that only married men could continue to bear their own family name after they married. In that connection she relied on Article 8 of the Convention, read alone and in conjunction with Article 14.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

By a decision of 1 July 2003 the Chamber declared the application admissible.

A hearing took place in public in the Human Rights Building, Strasbourg, on 13 January 2004 (Rule 59 § 3). There appeared before the Court: (a) for the Government Mrs Deniz akcay, co-Agent, Mrs Burçe Arı, Mrs Işık Batmaz Keremoğlu, Mrs Banur özaydın, Advisers; (b) for the applicant Mrs Aydan Demirel Ersezen, Counsel, Mr Hayati Torun, Interpreter. The applicant also attended the hearing.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant, Ayten Ünal Tekeli, is a Turkish national, born in 1965 and living in İzmir.

After her marriage on 25 December 1990 the applicant, who was then a trainee lawyer, took her husband’s name pursuant to Article 153 of the Turkish Civil Code. As she was known by her maiden name in her professional life, she continued putting it in front of her legal surname. However, she could not use both names together on official documents.

On 22 February 1995 the applicant brought proceedings in the Karşıyaka Court of First Instance (“the Court of First Instance”) for permission to use only her maiden name, “Ünal”. On 4 April 1995 the Court of First Instance dismissed the applicant’s request on the ground that, under Article 153 of the Turkish Civil Code, married women had to bear their husband’s name throughout their married life.

An appeal by the applicant on points of law was dismissed by the Court of Cassation on 6 June 1995. The decision was served on the applicant on 23 June 1995.

By one of the amendments made to Article 153 of the Civil Code on 14 May 1997, married women acquired the right to put their maiden name in front of their husband’s surname. The applicant preferred not to make use of that possibility because, in her view, the amendment in question did not satisfy her demand, which was to use her maiden name alone as her surname. On 22 November 2001 the new Civil Code was enacted. Article 187 was worded identically to the former Article 153.