Spanish holiday complex which hired guards to enforce nudity overruled by court

A holiday complex which hired guards to enforce its strict nudity policy has been ruled against by Spain’s Supreme Court.

The apartment complex had a mandatory nudity rule in communal areas — hiring guards to ensure no clothing was worn in the gardens or pool.

But not all guests were happy with the decision have gone all the way up to Spain’s Supreme Court, as reported by the Washington Post.

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Mandatory nudity rules were passed by the homeowners’ association of the complex in Vera, Almería — dubbed the Natura World apartments.

The regional tourism website states that the complex is “on the beachfront in the most visited naturist/nudist area in Spain”. It also notes they have direct access to a nudist beach.

According to Spain’s ABC, 80% of the Natura World households are nudists.

On Thursday, February 16, the court ruled that enforcing nudity in communal areas was a breach of residents’ fundamental rights.

They added that the two lower courts before them had been wrong to state that the association’s rules on nudity in public areas had been passed unanimously.

The court ruled: “A simple reading of the minutes of the community meeting clearly demonstrates that the said statutes were not approved and that the judgment delivered in previous proceedings did not address this issue”.

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Therefore requiring mandatory nudity would discriminate against residents who wished to remain clothed.

They added it would also violate their freedom of movement and right to privacy in the public areas which they also co-owned.

Nudity is “a perfectly respectable and legitimate personal choice,” the ruling said, “but its practice cannot be demanded without a basis.”

In particular, the court said the plaintiffs could not be prevented “arbitrarily, by acts of force, through the hiring of private security services” from using the shared facilities.

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The court awarded 1,000 euros (around £890) to each of the plaintiffs for “moral damages.”

Mari Carmen Jiménez, one of the plaintiffs, told the Spanish newspaper El País: “Since the first day, they told us that everyone could go as they pleased and there was never any talk of it being an obligation to bathe naked.

“It’s horrible what we’ve been suffering; it’s very hard to be prevented from accessing the pool you own.”


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