20 Years After Ünal Tekeli v. Türkiye: Struggle for a Name of One’s Own
Abstract
Objective: This article examines the legacy of Ünal Tekeli v. Türkiye and its impact on women’s right to retain their own surnames upon marriage in Türkiye. It aims to trace long term effects of Tekeli and analyze how judicial interventions at the supranational and domestic levels have shaped legal reform processes concerning gender equality and personal autonomy. Methods: The study adopts a qualitative legal analysis based on European Court of Human Rights (ECtHR) jurisprudence, Turkish Constitutional Court decisions, legislative developments, and strategic human rights litigation. Relevant legal texts, court judgments, and policy debates are examined through a socio-legal and feminist lens to assess both normative change and implementation practices. Results: The findings demonstrate that while the Ünal Tekeli judgment constituted a landmark international victory for gender equality in Türkiye, its domestic implementation remained delayed and inconsistent for many years. Persistent patriarchal norms, legislative inertia, and administrative resistance limited the transformative potential of the ruling. Although the annulment of Article 187 of the Turkish Civil Code in 2023 marked a significant advancement, subsequent legislative proposals and political discourse reveal continuing resistance and uncertainty in fully recognizing women’s independent legal identity. Conclusion: The article concludes that judicial victories alone are insufficient to secure substantive gender equality. The Turkish experience illustrates the complex interaction between supranational courts, domestic institutions, and political power in translating legal norms into structural and societal change. The legacy of Ünal Tekeli underscores the importance of sustained legal mobilization and political will in achieving meaningful and lasting reform.
Fields of Study & Subjects
Turkey's Politics and Society
Discrimination and Equality Law
Gender and Women's Rights
Publication details
- Journal / source
- Advances in Women’s Studies
- Volume
- 7
- Issue
- 2
- Pages
- 50–56
- Publication date
- 7 January 2026