Turkey’s top court says trans woman’s right to respect for privacy violated

"Trans women are women" - * Image: Berrin Simavlıoğlu / KaosGL.org

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The Constitutional Court has announced its ruling regarding the application of transgender woman D., whose application for changing her name was rejected by the first instance courts in Turkey.

As reported by Yıldız Tar from KaosGL.org, the Constitutional Court has concluded that the applicant's right to respect for private life was violated as the Ankara 12th Civil Court of First Instance rejected her application on the grounds that "she had not undergone gender reassignment surgery and society might have a wrong perception if she had a woman's name."

In the detailed ruling of the top court, it has been indicated that the right to name is a right that has been identified with a person's life and has become an inseparable part of one's personality. The court ruling has underlined that it is an element of a person's private life.

The Constitutional Court has further emphasized that as long as it does not disturb the public order, it is among the positive obligations of the state to offer people opportunities to change their names. The court has also noted that the request for changing one's name is not related to the conditions of "transsexualism" indicated in the Article 40 of Turkey's Civil Code.

While Constitutional Court member Engin Yıldırım has agreed with this ruling with an additional justification, Recai Akyel and Selahattin Menteş have expressed dissenting opinions. (EMK/SD)