Written by Dwija Bhatt
In a landmark case championing women's rights, Filiz Kahraman, with unwavering personal conviction, took on a deeply entrenched societal legal norm in Turkey: the automatic expectation that women must change their last names upon marriage. Her fight exemplifies the intersection of personal courage, legal expertise, and international human rights advocacy, inspiring others to stand up for their beliefs.
The Case and Its Foundations
Her journey began in 2014 when she decided to challenge the Turkish civil code, which mandated that women adopt their husband's last name after marriage. She leveraged precedents like the European Court of Human Rights' 2006 decision in Unal v. Turkey, which found the Turkish law discriminatory under Article 14 (non-discrimination) and Article 8 (protection of private and family life). This ruling called for legislative reform, but Turkey resisted, leaving women to pursue individual cases.
In 2013, a pivotal decision by the Turkish Constitutional Court upheld a woman's right to retain her last name, reinforcing compliance with the European Court of Human Rights. This precedent paved the way for professor Kahraman's victory in 2015, as she successfully argued her case in the Court of Appeals. Reflecting on the legal landscape, she noted, "The constitutional court precedent was the most pivotal moment because it validated the argument and made it harder for lower courts to deny this right."
Navigating Social and Legal Barriers
The journey was not without its obstacles. Filiz Kahraman's fight to retain her last name exposed the deep-seated societal and institutional resistance to change, reflecting broader issues of gender inequality. Societal backlash was rooted in traditionalist critiques, with many questioning why a woman would challenge the norm. Concerns ranged from the practical, such as the perceived logistical complications for families with differing last names, to ideological resistance, with critics asserting that her challenge went against "customs" and disrupted societal harmony. Her response to these objections was resolute: "The world is changing," she declared, underscoring her belief that legal and cultural norms must evolve to reflect feminist values of equality and autonomy.
One particularly striking moment occurred during her initial court hearing. As she recounted, the family court judge turned to her husband and asked: "Do you give permission for your wife to keep her last name?" This question, framed as a routine inquiry, betrayed the entrenched patriarchal attitudes within the judicial system. Her husband's reply, however, was a defiant stand for equality: "Her decision does not depend on my permission." This response not only shifted the tone of the hearing but also became a symbol of partnership and progressive values, challenging the notion that a woman's identity should be contingent on her spouse's approval.
Legal Challenges and Barriers
On the legal front, the challenges were equally daunting. Despite the existence of precedents, including rulings from both the European Court of Human Rights and the Turkish Constitutional Court, many lawyers were either unaware of these decisions or doubted their applicability. This lack of awareness pointed to a significant gap in the legal system, a disconnect between international human rights law and its domestic enforcement. "The first few lawyers I contacted were baffled," professor Kahraman explained. "They said, 'What are you talking about? This is impossible.' Even though a constitutional court precedent existed, it was as if they had never heard of it."
Ultimately, she collaborated with a feminist lawyer who not only understood the nuances of her case but was also willing to leverage international law to advocate for her rights. This partnership proved pivotal, as her lawyer expertly framed the case within the broader context of gender discrimination, grounding the argument in Turkey's obligations under international treaties like the European Convention on Human Rights.
Professor Kahraman emphasized the importance of legal professionals who specialize in human rights cases. "The existence of lawyers who are knowledgeable about international law is critical," she stated. Such lawyers play a vital role in bridging the gap between global human rights standards and local legal practices. However, their scarcity reflects systemic issues in legal education and professional training. Her experience highlights a pressing need for greater awareness and incorporation of international law in domestic legal systems, particularly in cases involving gender equality.
Advocacy for Systemic Change
Beyond her personal case, professor Kahraman's journey sheds light on the broader need for systemic change. She advocates for enhanced legal education that equips lawyers to recognize and utilize international precedents effectively. Additionally, she underscores the role of feminist legal advocacy groups in supporting individuals like her, who might otherwise lack the resources or knowledge to navigate such a complex legal terrain.
Through her persistence, she not only overcame these barriers but also demonstrated how individual legal battles can pave the way for broader societal change. Her case serves as a beacon of hope, reminding us of the transformative power of informed advocacy and the possibility of challenging entrenched norms both within society and the legal system.
Impact and Advocacy
Filiz Kahraman's case resonated far beyond her personal victory, becoming a catalyst for change and inspiring women across Turkey to challenge long-standing societal norms. Her journey illuminated the legal hurdles women face in retaining their last names and emphasized the critical need for public awareness and access to legal resources. "I wrote an article in an online magazine to raise awareness, and I received countless emails from women asking for guidance," she shared. These inquiries ranged from identifying the right lawyers to understanding legal costs and procedures, reflecting an untapped demand for information and reform.
She credits her success to domestic advocacy efforts by feminist legal groups and women's rights organizations and international pressure from the European Court of Human Rights. "Advocacy at both domestic and international levels made a difference," she emphasized. By collaborating with feminist politicians, civil society, and global institutions, professor Kahraman's case highlights the power of collective action in advancing human rights.
Looking Ahead: Breaking New Ground for Gender Equality
Filiz Kahraman sees her victory as part of a broader movement for gender equality in Turkey and beyond, but her work is far from over. While her case set an important precedent for women's right to retain their own last names after marriage, she is now taking on another entrenched societal custom ensuring that her daughter can carry her last name. Reflecting on her journey, she remarked, "Name is an integral part of who you are. Being forced to change it felt like a violation, a form of discrimination."
This new case, where she seeks to pass her last name to her daughter, marks a groundbreaking step toward challenging patriarchal laws that often prioritize a father's identity over a mother's.The case is still pending at the family court, with arguments referencing existing European Court of Human Rights precedents, but no ruling has been made in her favor yet. Professor Kahraman remains determined, recognizing that this fight could lead to yet another landmark decision. "If I win my daughter's case, it will be the first ruling of its kind," she said, underscoring the potential for this case to expand women's rights even further.
Through her tireless advocacy, she is not only securing autonomy for herself and her daughter but also challenging societal norms and legal structures. Her ongoing work inspires countless others to question and redefine traditions, proving that the fight for equality is both personal and universal. As she continues to break barriers, Filiz Kahraman is reshaping the conversation around gender equality one precedent at a time.
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