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Anahtar Kelimeler: Transseksüel, ad değiştirme hakkı, kişilik hakkı, ayrımcılık yasağı, cinsiyet değiştirme ameliyatı ABSTRACT…
In 2021, Turkish Constitutional Court gave two decisions about transgenders’ demand to change their name on purpose of getting rid of complexity between his/her legal name and known name that cause gender dysphoria. National courts generally evaluate these request subject to the condition of gender-change surgery. However there is not direct legal link between Turkish Civil Code art. 40 that establish the conditions of gender-change surgery and art. 27 that establish the conditions of the change of name. National courts’ decision breaches the protection of transgenders’ privacy and the absolute right on name. Plus, their justification breaches the prohibition of discrimination which should be taken account in applying civil rights according to Turkish Civil Code. National courts’ interpretation has been found illegal by Constitutional Court on behalf of transgenders whose name should be changed in line with the conformity between his/her appearance, recognition in public and his/her name in legal register. In both decisions are giving hope for future to protect personality rights of transgenders.…
Keywords: Transsexual, the right to change name, personality right, prohibition of discrimination, gender-change surgery…
