Constitutional Court Announces Last-Minute Name Change Decision – Türkiye News Update
Hacettepe University Graduate Wins Lawsuit for Name Change on Diploma
In a recent decision published in the Official Gazette, it was announced that a person who graduated from Hacettepe University in 2017 successfully changed their name from “Muhammed” to “Mihrali” through a court decision in 2018. This individual later approached the university to request a modification of their diploma to reflect their new identity information.
According to the university’s directive on the issuance of diplomas, certificates, and other related documents, the name change was acknowledged and approved. The necessary explanation regarding the name change was added to the back of the diploma.
However, the person in question filed a lawsuit to cancel the transaction, arguing that their request was wrongfully rejected. The court, however, deemed the rejection lawful, citing that the diploma had been issued based on the name registered on the graduation date.
After the appeal application was dismissed, the individual made an individual application to the Constitutional Court seeking justice. The Constitutional Court ruled that the right to respect for private life, as guaranteed in Article 20 of the Constitution, had been violated. Consequently, the case was sent back to the relevant court for retrial in order to rectify the consequences of the violation. Moreover, the applicant was awarded 3,000 lira in non-pecuniary damages.
In its decision, the Constitutional Court highlighted that the relevant directive had stated that diplomas should not be re-issued and that the power to issue and change diplomas primarily rested with the universities. The Court emphasized that unlimited discretion would disrupt the fair balance between the public service and individual interests, and that rejecting the request solely based on the directive was insufficient.
Furthermore, the Court took into consideration the applicant’s professional life and the necessity for their diploma to reflect their new name, considering that the name change was legally approved. The Court concluded that unless a reasonable justification and necessity were demonstrated, restricting the applicant’s use of their new name would be unjust.
The Supreme Court’s decision ultimately determined that the balance between the public interest and the individual’s right to use their new name had been disrupted against the applicant. It was also concluded that the public authorities had not sufficiently demonstrated a necessary and proportionate intervention. As a result, the Constitutional Court found that the right to respect for private life, as guaranteed under Article 20 of the Constitution, had been violated.
This ruling sets a precedent and emphasizes the importance of individuals’ rights to their personal identity. It underscores the need for public authorities to demonstrate a well-founded justification when denying requests for name changes on official documents.
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