Ünal Tekeli v.
Turkey , judgment of 16 November 2004, no. 29865/96, §§ 59-61, 66
Facts: The applicant was a Turkish national who took her husband's
surname after her marriage with him. She continued using her maiden name in
her professional life. She could not use both names together on official
documents however. Turkish law was reformed in 1997 to allow married women
to put their maiden name in front of their husband's name. However, the
applicant sought to bear her maiden name alone as her surname.
Holding: the ECHR found a violation of article 14 taken in conjunction with article 8 of the Convention.
Reasoning: there was a "difference in treatment" on grounds of sex between persons in an analogous situation. The Turkish Government's aim to give the husband's surname to the family to preserve tradition and family unity by having the same name was not a decisive factor and sufficient reason to justify the interference.
Comparative Bills of Rights ||Equality Rights