Application by Court of First Instance to Annul a Rule Provided under Article 40 of the Turkish Civil Code (Decision No. 2017/165)
Article 40 of the Turkish Civil Code, at the time of this application, required the courts to grant authorization to persons wishing to change their gender assignments and have gender reassignment surgery that (i) persons requesting such change be over the age of 18 and unmarried and (ii) there be an official health council report from an education and research hospital certifying that (a) they are transgender, (b) gender reassignment is necessary for the preservation of their mental health, and (c) they are permanently unable to procreate. The application was made by the First Instance Court handling a case where a transgender man requested to change his gender assignment in the civil registry from “female” to “male.” The First Instance Court applied to the Constitutional Court for the annulment of the rule providing for the requirement of being “permanently unable to procreate.” The Constitutional Court stated that the requirement of certifying permanent inability to procreate forces transgender persons who have the ability to procreate to undergo a separate surgery. Thus, the Constitutional Court found that this requirement could not be considered as a proportionate interference with the rights of persons to protection and development of their corporeal and spiritual existence (Article 17 of the Constitution) and privacy of private life (Article 20 of the Constitution). The requirement of “permanently unable to procreate” for gender reassignment was thereby annulled by the Constitutional Court. Decision available at:
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- 2017
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Type
Jurisdiction