A woman who claimed she was discriminated against because she sunbathed topless in a Berlin park has been awarded compensation by the court. However, the amount has been limited because she “consciously and deliberately entered into confrontation”.
Gabrielle Lebreton visited an area of a park with fountains popular with children in 2021 and sat topless on a blanket. After a man complained, guards asked the woman to cover her breasts or leave the premises. When she refused, police officers were called.
The woman eventually left, but later complained to authorities that she had been discriminated against. The legal dispute has since been dragging on for more than 2.5 years through various Berlin courts.
The woman demanded compensation of at least 10,000 euros, but ultimately only received 750 euros (plus interest). She must also pay the full court costs. There is no appeal against the ruling, a court spokeswoman emphasizes.
The compensation was so low because her purpose was not just to sunbathe. After all, she also specifically wanted to combat the taboo and sexualization of the female breast. The judges also took this provocative element into account.
The usage rules for the park have now been adjusted. Swimwear must now completely cover the “primary sexual organs”, but not the breasts.
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