The Analysis Of Gunes V. Turkey Decision Of European Court Of Human Rights In Terms Of Turkish Constitutional Law

The matters to be studied are the procedures followed up at the stages of primary decision Tuncer Gunes v Turkey dated September 2013 before this was carried on to European Court of Human Rights to be analyzed during the stage of court of appeals and the supporting decisions and the effects on Turkish Laws. Tuncer Gunes lawsuit was decreed upon the request of lawsuit filed by the woman’s demand for using her maiden’s surname and it is the last of many lawsuits ruled by the court. By means of this study, we will on one side analyze the applicable Turkish law arrangements in this regard and on the other side, the proceedings of European Court of Human Rights will be analyzed and we will also have the opportunity to analyze discourses within domestic law regarding the applications for use of a woman’s maiden’s surname including Turkish public, domestic law, civil society organizations and similar fields and the discourses brought forward starting from the first applications made. This is because, under the domestic law, the proceedings which started in 1995 were followed by Unal Tekeli vs. Turkey lawsuit filed before European Court of Human Rights which was filed, then adjudicated in 2004 and from 1995 until recently, it enabled means to Turkish courts and the public to discuss this matter including different opinions and suggestions of solution. During this process, the stage of involving the legislative packages being submitted before the parliament were on the agenda and different decisions were adopted which were different from the previous decisions. Furthermore the doctrinal matters were also considered and many articles were analyzed and from the solutions envisaged by Turkish laws, the amendments of law were taken to the agenda. In this regard, we can refer to the changes and amendments in Turkish Law in this regard, the reflections in Turkish public and the applications before Turkish Courts. Finally, with the amendment of Constitution dated 2010 which may be deemed as a fundamental change in Turkish domestic law and with the right of individual communication to the Constitutional Court, a new stage to the predicted stages of judicial application were added with this arrangement designated for exhausting the stages of judicial individual application. This is the other change to be considered when the stages of domestic law are being studied.