The 2022 case triggers a current legal dispute that represents new territory. According to her lawyer, the non-binary person from Berlin, who does not feel like she belongs to any gender, was “read” in the clinic, i.e. perceived as a woman. Fellow patients at the rehabilitation facility in the health resort of Bad Belzig, southwest of Potsdam, are said to have complained about swimming “topless”.

The non-binary person Yyuri Steffan feels discriminated against and went to court. “It seems important to us that it has a deterrent character,” said lawyer Georg Fähle.

Clinic expresses regret

The “Hoher Fläming” rehabilitation clinic, which is part of the Oberlinhaus diaconal company, regrets that the person feels discriminated against and at the same time speaks of a “dilemma situation”. Processes of social change have caused uncertainty at all times, it said in a statement upon request.

From the perspective of associations, non-binary and trans people often experience disadvantage and discrimination in the healthcare system. As just one example, the salutation in the waiting room is given according to a gender division into man or woman. But there are now many committed doctors and clinics in Germany who do better justice to gender diversity and have concepts for it, said the Federal Trans* Association.

“Excluded from swimming for the remainder of rehab”

“I took part in free swimming once under supervision with the group and twice in free swimming,” said Yyuri Steffan to the “Märkische Allgemeine Zeitung”. “After that I was banned from swimming for the rest of the rehab.” A doctor informed her of the decision during his visit.

The person’s lawyer argues that it was discrimination because the person was forced to submit to gender classification at the clinic. “From the outside, she is assigned a female gender,” said Fähle. In addition, the upper body was required to be covered. The plaintiff, who was 33 years old at the time of the hospital stay, is applying for compensation – according to the lawyer, at least 2,000 euros.

Clinic employees deal with the topic

The clinic in Bad Belzig, which specializes in orthopedic rehabilitation, admits a learning process. “As Oberlinhaus, we can only say that it is never our self-image to exclude people,” it said. “Nevertheless, it may be that different understandings of norms of different generations and the balancing between individual interests and consideration for existing cultural and social behavior lead to decisions that have hurt the person concerned.” According to its own statements, as a result of the dispute, the clinic has initiated an internal process in which employees deal with the “issue of gender diversity”.

The district court wants to decide in April

The district court in Brandenburg an der Havel plans to announce its decision on April 17th. Either there is a verdict or there is evidence, said judge Matthias Thiele. Such legal disputes are quite rare.

Hospital society refers to guidelines in clinics

The CEO of the German Hospital Association, Gerald Gaß, said there was no evidence that would indicate growing uncertainty in hospitals when dealing with trans people and non-binary people. “Almost all clinics have guidelines, mission statements or other types of handouts that address sensitive, respectful and non-discriminatory treatment of patients, but also within their own staff.”

“Topless swimming” is allowed for everyone in Berlin swimming pools

Regardless of the case involving the Brandenburg rehabilitation clinic, topless bathing repeatedly caused legal disputes. After a complaint from a woman, it has been allowed in Berlin swimming pools for everyone since 2023.

In addition, a dispute made headlines in the capital years ago: a mother sunbathed topless and had to leave a water playground in Berlin because of it. This case also had consequences: a responsible ombudsman office in Berlin assumed discrimination. Since then, the rule for all genders at the playground is that swimwear must completely cover the primary sexual organs – not the breasts.