100th Anniversary of the Civil Code: Evaluation on Women's Rights and Equality

Stating that the 100-year history of the Civil Code is also the history of a great social transformation based on secularism, unity of law and equality, Moroğlu said that for women, this is "a real women's revolution". Moroğlu said, "The Civil Code, which was adopted on February 17, 1926 and came into force on October 4, 1926, is one of the most important revolutions of the Republic in the field of law, and when we look at it from the perspective of women, it is truly a women's revolution."

Nazan Moroğlu

However, emphasizing that the 100-year process is not only about achievements, Moroğlu stated that the introduction of rights into the law does not mean permanent security on its own. Moroğlu said, "Once rights are written into law, they are not automatically and forever guaranteed. The transformation that started in 1926 continued with the struggle of women and female lawyers for many years."

THE LEGAL BASIS FOR THE ACCEPTANCE OF WOMEN AS INDIVIDUAL AND CITIZENS

Stating that the biggest transformation created by the Civil Code for women was the recognition of women as an independent individual, Moroğlu said, "Women were accepted in the legal order not only as the wife of a man, the mother or daughter of a family, but as an independent individual with rights and obligations." Moroğlu stated that monogamy was accepted with the Civil Code, marriage was tied to a civil marriage, divorce was removed from the unilateral will of the man and was subject to a court decision, and boys and girls were ensured to receive equal shares of the inheritance. Stating that the Civil Code cannot be considered only as a regulation regarding family law, Moroğlu said, "The Civil Code is the legal basis for the acceptance of women as individuals and citizens."

'RIGHTS CANNOT BE DISCUSSED BY DETERMINING THEIR HISTORY'

Stating that defining women only in terms of their role within the family poses a risk for women's individual rights, Moroğlu said, "In a state of law, women are, first of all, individuals, citizens and have equal rights with men. When you define her only through her position in the family, you start to go back to the understanding before the adoption of the Civil Code 100 years ago."

Regarding the recent discussions on family and women's rights, Moroğlu made the following assessment: "Weakening women's individual rights does not strengthen the family; on the contrary, a democratic and healthy family structure can only be established with the free will of equal individuals."

Stating that the road to the new Turkish Civil Code, which came into force in 2002, was the product of nearly 40 years of women's struggle, Moroğlu said, "Women lawyers, women's organizations, academics have worked for equality between spouses for years. Therefore, when discussing any regulation today, we should not forget the social inequality against which that right was brought. Rights cannot be discussed by detaching them from their history."

'ALISM IS NOT A RIGHT GRANTED ONLY TO WOMEN'

One of the headings in Moroğlu's book is 'poverty alimony', which is being discussed again. Stating that the evaluations that alimony is a right granted only to women has led to conceptual confusion, Moroğlu said, "Poverty alimony is not a right granted only to women; both men and women who fall into poverty due to divorce and meet the conditions in the law can request it."

One of the topics that Moroğlu draws attention to is the woman's surname. Moroğlu said that they expect a new regulation to be made after the Constitutional Court's annulment decision regarding the regulation requiring women to take their husband's surname upon marriage in 2023, and said, "The main issue here is that the woman is seen as an independent individual within marriage. If spouses have equal rights in accordance with the Constitution, they should also have equal rights regarding the family name."

Stating that he devoted a special chapter to this issue in his book "Our Revolutionary Law, the Civil Code is 100 Years Old", Moroğlu said that he also included a proposal for a bill for an egalitarian regulation.

WE MUST CONTINUE OUR STRUGGLE

Stating that the 100th anniversary of the Civil Code is not just an anniversary, Moroğlu said, "The 100th anniversary of the Civil Code, the fundamental law of the legal revolution under the leadership of Atatürk, is not only an anniversary where we will celebrate the past. It is also a turning point that reminds us of our responsibility towards the future."

In his book, Moroğlu concluded his words by stating that he evaluated the Civil Code as "an equality agreement that lives when it is embraced":

"Because the law lives only with citizens who know, use and protect it. My suggestion to women is this: Let's be aware of the rights we have gained, be aware of the steps taken back and let's not give up the fight for equality. In the second century of the Republic, our goal should not only be to protect our existing rights. Under the guarantee of the secular state of law and the unity of law, we must continue our struggle for a Turkey where equality between men and women is realized not only in the law but in all areas of life.