Nudity legal in what countries?

[soundman]

Is there any country in the world in which public nudity is legal and/or socially acceptable?

[Stu2630]

Soundman

Nudity is not actually illegal in many European countries, but the laws are so constructed that, if it does occur outside of certain accepted locations or situations, the authorities can take action to curtail it or even prosecute offenders, usually under minor public order, nuisance or public decency laws. This is unlike the US, where inappropriate nudity is often treated as a sexual offence.

Certain parts of Germany are very relaxed about nudity, but Germany is a Federal Republic with local laws and in some states or cities they do not accept it. Spain does not ban nudity per se, but again the police can take action if it is done in circumstances which could offend (as I showed a couple of months ago when I cited the letter I received from the Spanish public prosecutor). Here in the UK, while there is no specific law against nudity, the police can direct you to cover up and they can resort to public order laws if you refuse. It's a similar situation in Denmark and Sweden, although these countries tend to be more relaxed about nudity generally, as does Holland.

Stu

[nacktman]

Is there any country in the world in which public nudity is legal and/or socially acceptable?

Spain, for one.

[Naturist Mark]

And Moosylvania!

[Stu2630]

nacktman says "Spain, for one".

Just to save any confusion about Spain - I wrote to the Spanish Ministry for Justice to ask them the position in Spain and they replied:

Efectivamente el nudismo está despenalizado en España y por tanto su práctica no es delito (ilícito penal) en ningún lugar. No obstante puede constituir una infracción administrativa, y conllevar una sanción monetaria, por desobediencia a las ordenanzas municipales en algunos ayuntamientos, que pueden prohibirlo dentro de sus términos municipales de forma directa o genéricamente en diferentes interpretaciones como actos que atentan a la moral o a las costumbres de las personas<o>
<o>
Recibe un cordial saludo</o></o>

I don't speak a word of Spanish, so I put it through an instant translator on the Internet, and it came out as follows:

Really the nudism is legalized in Spain and therefore his practice is not a crime (illicit penalty) in any place. Nevertheless it can constitute an administrative infraction, and bear a monetary sanction, for disobedience to the municipal ordinances in some towns, which can prohibit it inside his municipality of direct form or generically in different interpretations as acts that commit an outrage against the morality or against the customs of the persons

It receives a cordial greeting

So nudity in Spain isn't universally legal - it can attract a fine in some towns. :)

Stu

[atalanta]

[Quote]Just to save any confusion about Spain - I wrote to the Spanish Ministry for Justice to ask them the position in Spain and they replied:

Quote:
Efectivamente el nudismo está despenalizado en España y por tanto su práctica no es delito (ilícito penal) en ningún lugar. No obstante puede constituir una infracción administrativa, y conllevar una sanción monetaria, por desobediencia a las ordenanzas municipales en algunos ayuntamientos, que pueden prohibirlo dentro de sus términos municipales de forma directa o genéricamente en diferentes interpretaciones como actos que atentan a la moral o a las costumbres de las personas

Recibe un cordial saludo [unquote]

Since it seems likely that Stu is going to quote this communication to us repeatedly, it might be as well to have a more fluid translation than his computer provides. I offer the following:

"It is correct that nudity is unpenalised in Spain and consequently its practice is not an offence (sanctionable illegality) anywhere.
Nevertheless it may constitute an administrative offence, and carry a monetary sanction, for disobedience to municipal bylaws in some local governments, which may prohibit it within their municipal boundaries specifically or generically in different interpretations as acts which offend against the morals or practice of the people.

With regards"

I know that some Spanish naturists carry excerpts from the national law, which cannot in its basic intent be overridden by municipal bylaws, in order to defend themselves against over-enthusiastic officialdom with insufficient cognizance of the laws of the country. However, as we all know, if officialdom wants you badly enough they will always find something to nail you with, even if it has little or nothing to do with the original "offence".

But let us ask ourselves the question: does anyone know of a nation with a more liberal approach to nudity than that expressed in the communication quoted by Stu? I think not, and that Spain has become the Mecca of naturism in the world today.

[nacktman]

atalanta the first sentence is the only part of that communique that actually follows Spanish law.
The rest is personal opinion because no local statute or ordinance can override the national law in Spain, no matter how much some (read: Stu), would want it to.
I have friends that live in Spain and only rarely don clothing of any sort - if ever.
As you said many Spaniards and Tourists carry the national statute on cards to hand to those ignorant of the law - excerpts and full text.

[atalanta]

Agree with you totally Nacktman

[Stu2630]

atalanta

I am sure that Spain is probably among the most tolerant of nudism in Europe - some countries are bound to win that accolade and I'm sure that Spain is as deserving as any.

In most states, local laws can't countermand national laws - they don't have to - they simply supplement it and, in the criminal law, that means local authorities are free to create new offences unless there is a specific statute which permits the behaviour they seek to outlaw. There is no statute in Spain which says it is legal to be naked in public - and no statute that says it is not. It is, therefore, left up to individual municipalities to make up any gaps they find in the national law, and that's all they have done here.

I see you are in the UK, and there is an excellent British parallel to this. There is no statutory or common law offence or urinating in a public place in English law. Does that mean it is legal to urinate against a lamp standard? It would do were it not for the fact that virtually every Council in the country has created a byelaw which prohibits urinating in public. Of course, like the Spanish naturists, you could carry a little card saying there is no statutory offence of urinating in public - and show it to the police, and the Crown Prosecutor, and the magistrates, and they'll still fine you. And if you don't pay the fine, they'll cart you off to prison.

Anyone who has studied law knows that there is sometimes a gulf between what the law says in theory, and the way it is executed in practice. Sometimes, the higher courts pull up the lower courts for this, but at other times they make case decisions which legitimise their judgments for the sake of practicality and good order. The Spanish Ministry of Justice gave an opinion which would almost certainly concord with the view of most judges - and, in the final analysis, that's what matters and the please of the Spanish naturists will fall on deaf ears. And, if you recall, this is precisely what happened in Barcelona last October. Enjoy:

http://www.thinkspain.com/news-spain/13968

Stu

[jon71]

In the U.S. there is a simple heirarchy.

1. U.S. constitution.
2. Federal law.
3. State constitution.
4. State law.
5. Local ordinances (laws).

I assume most democracies work about that way in which case local towns in Spain are very limited in what they can do. Since federal law allows nudism they can't override that. There's always the all purpose "disturbing the peace" (or Spanish equivalent) but that doesn't tend to go very far.

[Stu2630]

Since federal law allows nudism they can't override that.

As I said, a local law can't override a national statute in most countries but, unless a behaviour is expressly allowed by statute, most local governments are empowered by their respective national governments to enact delegated legislation, normally to create their own prohibition against behaviours which that authority consider to be antisocial in some way. I don't know of any country in which nudity is mentioned as a statutory right: the absence of a prohibition by national government enactment does not preclude lesser authorities from making their own prohibition - as the man in Barcelona discovered to his cost!

There's always the all purpose "disturbing the peace" (or Spanish equivalent) but that doesn't tend to go very far.

It usually goes far enough to get you some form of sanction which is at least a financial penalty such as a ticket or a fine, and often an arrest and court appearance, too. That's usually sufficient to deter all but the most determined - like Steve Gough for example.

Stu

[JeepNude]

Nudity is common, and legal in Paupa New Guinea.

had a great time there while doing some mission work. Wore clothes twice in 3 months! When I arrived, and when I left. Being nude in the markets was accepted and about half of the people in the market were nude in some sort of way. Some people wore head=dress or some sort of things around arms and legs but with the parts normally covered by swimwear exposed. It was a far cry different from the flea markets in the states.

I would say that during certain times of the year, clothing would be downright unhealthy. Although, a bug net over your sleeping area is a must.

[atalanta]

Stu, I am not qualified or willing to enter into a polemic about Spanish law. What you say makes sense and I certainly would not defend anyone anywhere who pretended to have the right to go naked through the centre of a city at any time; in supermarkets, churches, theatres or offices. I have read the relevant parts of the Spanish national statute but do not recall the details. However, I do think that the right to go naked is more positively established than you imply, and that local bylaws or interpretations to the contrary have been successfully challenged particularly, as it happens, in Barcelona. Win some, lose some I suppose.

[rguy1978]

Nudity is common, and legal in Paupa New Guinea.

had a great time there while doing some mission work. Wore clothes twice in 3 months! When I arrived, and when I left. Being nude in the markets was accepted and about half of the people in the market were nude in some sort of way. Some people wore head=dress or some sort of things around arms and legs but with the parts normally covered by swimwear exposed. It was a far cry different from the flea markets in the states.

I would say that during certain times of the year, clothing would be downright unhealthy. Although, a bug net over your sleeping area is a must.

Where exactly in Papua New Guinea? Sounds like I might have to make a trip out to the South Pacific.

[JeepNude]

Exactly?? I don't understand. They don't exactly have X's painted on the ground where you can be nude or anything.

I went basically everywhere during the day, and when it was hot, the clothes came off. Some people hadn't seen a lot of 'white guys' partake in indigeonous nudity with the natives before, so I did create quite a stir a few times (although I did have a very, very dark tan!). After seeing me around a few times, I was completely accepted and nobody paid any attention to me at all. Once you have had some mud dry on you, and you have a real dark tan, it becomes difficult to make you apart from some of the 'locals'.

YES! You need to go there sometime. The people are amazing! I fell in love with almost everyone I met. They are so un-materialistic and 'real'. They value human life. They appreciate every little thing! I gave some Polaroid pictures of an elder to him and his son, and they were so appreciative, you would have think I gave them a new car!

Do it. And bring plenty of non-meltable candy for the kids. The adults prefer cigarettes, but I didn't do that since I don't smoke or condone it. I brought lots of inexpensive flashlights for the adults as there is a whole hunting 'clan' to almost every established area, and they really appreciated those.

[Naturist4Ever]

"disturbing the piece" applies to everything in normal life, not just nudity!! Anything can be restricted by local busybodies if the piece is disturbed to some extend for whatever reason - so to use this argument is just whirring it.

Nudity is legal in Holland (as is pretty much everything else is too), as it is in Spain, and the details of how to interpret the law have been already iterated over and over again. Irrespective if you are nude or not, it is always possible to disturb the piece but that by itself has nothing to do with being nude instead of textile. Generally there are a lot more textiles (both absolute and percentage wise) that disturb the piece!

In fact, in Holland a whole nudist (public, not a resort of some sort as in the US) neighbourhood was build as part of an existing town with the explicit statement that the area (including streets etc) was nudist, i.e., nudity is the last argument to use for suggesting that piece is disturbed. It is not entirely unsurprising that Holland has more registered (=organised) naturists/nudists then any other country!, despite the relative small population compared to say Germany and France.

Go figure, stew.

[NudonyII]

In many European countries, nudity is legal to some extent. But in practice it is still mostly confined to specific areas. I think you pretty much have to go to a third world country, as JeepNude brought up, to be able to be legally nude in a wide spectrum of areas and situations. New Guinea is one; certain tribes in the Amazon still go completely nude. Although I expect it would be more difficult to just show up and set up a tent (they are still mostly untouched by the western world).

The islands of Yap, in the Micronesian Islands, have managed to retain a tradition of topfreedom in spite of becoming highly touristic. I read one tourist's blog, which described the immediate vicinity of the most touristic areas of having less than a 10% topfree rate. However, as one ventures a bit further to the less touristic areas, topfreedom becomes a rule rather than an exception:

"On the outer islands of Yap, Western clothing is banned and men and women are required to go shirtless at all times."

Perhaps one of the few places in the world where men and women can vacation, go to the market, socialize and walk the streets without ever having to wear a shirt or bra. As a matter of fact, it would be frowned upon if they did!

The american tourist in the second picture seems to fit in quite well.

[unitednudist]

I doubt any-one is ever planning on going but Sra Lanka has the Practice of Nudism and Naturism legalized. They approve it every where. Ive never been there but a group of my friends have been. They say its a very poor country.

[Stu2630]

Naturist4Ever

"disturbing the piece" applies to everything in normal life, not just nudity!!

Yes of course there are many ways to disturb the peace. That's why laws prohibiting it are framed so broadly that they can include nakedness.

Anything can be restricted by local busybodies

Busybodies? Oh, you mean the elected representatives of the people. You don't respect democracy much, then, do you?

Nudity is legal in Holland (as is pretty much everything else is too),

A lot of things are either legal in Holland - or just tolerated. Things like open pornography, prostitution, drug use, smuggling, Internet crime and so on. Holland isn't really the kind of place I'd want my country to emulate.

as it is in Spain,

Yup - and we've covered Spain, and the response I quoted from the Spanish Ministry of Justice, and the guy in Barcelona getting fined 80 Euros for walking around naked and so on.

Generally there are a lot more textiles (both absolute and percentage wise) that disturb the piece!

I completely agree. And we shouldn't tolerate any of it, whether it is swearing, displaying obscene images, drunkenness, urinating - or inconsiderate nakedness. All should be punished. :annoyed:

Stu

[spiceant]

Last time i heard public nudity is illegal in Holland. Nude only legal at CO beaches / resorts / etc...

I live there.

[Naturist4Ever]

>> elected representatives [busybodies] of the people

Most busybodies are never elected that I know off, and that's the half of the problems (elected busybodies being the other half).
As I tried to explain before, and this applies to Spain as in Holland, it is up to the powers that be to proove that someone is breaching the piece. Usually these busybodies will try to initimidate the person at hand (as they have done to you too) in the hope that you will protest because then they cam slam an "obstruction of the police" on you and you have no feet to stand on (nude or clothed). That's why in spain people are advised to take along an excerpt from the law to put under the nose of busybodies, and in holland in fact you don't have to do much other than to let yourself get a ticket and let it get to a courtcase. 9/10 never even get that far and the remainder is rejected when the case is heard. You should gather the fact first, stu.

>> I live there.

Me too, I am from Holland, although most of the time I am now somewhere else. If you are unsure about the exact way the law works wrt to public nudity there are numerous website that spell out exactly and also tell you exactly what to do/how to react if a busybody wants you to stop your newfound freedom outside regulated nudist areas/beaches. On the naturismeforum.nl site there have been many postings in the past on this subject, but there are many other sites too.

>> Nude only legal at CO beaches / resorts / etc

No, definitively not!

[nakeduni]

[Quote]Just to save any confusion about Spain - I wrote to the Spanish Ministry for Justice to ask them the position in Spain and they replied:

Quote:
Efectivamente el nudismo está despenalizado en España y por tanto su práctica no es delito (ilícito penal) en ningún lugar. No obstante puede constituir una infracción administrativa, y conllevar una sanción monetaria, por desobediencia a las ordenanzas municipales en algunos ayuntamientos, que pueden prohibirlo dentro de sus términos municipales de forma directa o genéricamente en diferentes interpretaciones como actos que atentan a la moral o a las costumbres de las personas

Recibe un cordial saludo [unquote]

Since it seems likely that Stu is going to quote this communication to us repeatedly, it might be as well to have a more fluid translation than his computer provides. I offer the following:

"It is correct that nudity is unpenalised in Spain and consequently its practice is not an offence (sanctionable illegality) anywhere.
Nevertheless it may constitute an administrative offence, and carry a monetary sanction, for disobedience to municipal bylaws in some local governments, which may prohibit it within their municipal boundaries specifically or generically in different interpretations as acts which offend against the morals or practice of the people.

With regards"

I know that some Spanish naturists carry excerpts from the national law, which cannot in its basic intent be overridden by municipal bylaws, in order to defend themselves against over-enthusiastic officialdom with insufficient cognizance of the laws of the country. However, as we all know, if officialdom wants you badly enough they will always find something to nail you with, even if it has little or nothing to do with the original "offence".

But let us ask ourselves the question: does anyone know of a nation with a more liberal approach to nudity than that expressed in the communication quoted by Stu? I think not, and that Spain has become the Mecca of naturism in the world today.

I feel vindicated.

[Stu2630]

<!-- / message --><!-- controls -->does anyone know of a nation with a more liberal approach to nudity than that expressed in the communication quoted by Stu? I think not, and that Spain has become the Mecca of naturism in the world today.

I agree. I have said all along that Spain has one of the most tolerant attitudes towards nudity in the developed world. But that is a very different thing from saying that there is some Constitutional right to be nude in public in Spain. That has been implied here and it is patently false.

I feel vindicated.

And so do I.

Stu

[spiceant]

From the Wetboek van Strafrecht Section 430a

[dutch]Hij die zich, buiten een door de gemeenteraad als geschikt voor openbare ongeklede recreatie aangewezen plaats bevindt op of aan een voor het openbaar verkeer bestemde plaats die voor ongeklede recreatie niet geschikt is, wordt gestraft met een geldboete van de eerste categorie.

[english]He who, outside a by the municipalitys appointed area appropiate for public nude recreation finds himself on or at a for public traffic appointed area that is inappropiate for nude recreation will be punished with a fine of the first category.

I admit that seems very very vague to me and doesnt make me feel safe at any area except for CO beaches / resorts / etc.

[meredith2kp4]

In many European countries, nudity is legal to some extent. But in practice it is still mostly confined to specific areas. I think you pretty much have to go to a third world country, as JeepNude brought up, to be able to be legally nude in a wide spectrum of areas and situations. New Guinea is one; certain tribes in the Amazon still go completely nude. Although I expect it would be more difficult to just show up and set up a tent (they are still mostly untouched by the western world).

The islands of Yap, in the Micronesian Islands, have managed to retain a tradition of topfreedom in spite of becoming highly touristic. I read one tourist's blog, which described the immediate vicinity of the most touristic areas of having less than a 10% topfree rate. However, as one ventures a bit further to the less touristic areas, topfreedom becomes a rule rather than an exception:

"On the outer islands of Yap, Western clothing is banned and men and women are required to go shirtless at all times."

Perhaps one of the few places in the world where men and women can vacation, go to the market, socialize and walk the streets without ever having to wear a shirt or bra. As a matter of fact, it would be frowned upon if they did!

The american tourist in the second picture seems to fit in quite well.

Yap is a sister island to Peaks Island, Maine, where I live. The de-facto rules here are different, but there is no state-wide anti-nudity law.

[gadvfreak99]

I believe in Costa Rica it is legal.

[richinoregon]

Exactly?? I don't understand. They don't exactly have X's painted on the ground where you can be nude or anything.


I think what rguy was trying to find out and which I am curious about was what kind of circumstances? I.e. was it just in the villages or was it in towns or cities? What was the largest city? I have heard that in the larger towns there is a Muslim influence and there is friction between them and non-Muslims about wearing clothing. The Muslims want everyone to cover up and the non-Muslims don't see the point-it is the way they have always done it.

[atalanta]

<!-- / message --><!-- controls -->

I agree. I have said all along that Spain has one of the most tolerant attitudes towards nudity in the developed world. But that is a very different thing from saying that there is some Constitutional right to be nude in public in Spain. That has been implied here and it is patently false.

Stu

Not patently false at all. See the following link.
http://eseduca.org/apartamento/legalidad_ing.pdf

[JeepNude]

I think what rguy was trying to find out and which I am curious about was what kind of circumstances? I.e. was it just in the villages or was it in towns or cities? What was the largest city? I have heard that in the larger towns there is a Muslim influence and there is friction between them and non-Muslims about wearing clothing. The Muslims want everyone to cover up and the non-Muslims don't see the point-it is the way they have always done it.


Well, there is a lot to explain. But, I am sorry I have so few details in memory.

Most movement of our very small group was limited by police permits and such. Our guide (chapperone, more like it) was adament about our group being safe by avoiding this or that area, so I really don't have a lot to compare the area to. I am not aware of any muslim influence as our small group would probably have been killed by a muslim for what we were there to do!

I would have to say that before the boat trip into the deepest areas of 'jungle', the largest area I was in would probably be classified as a villiage. It was called Wanema (sp?). That's where our plane dropped us off and after we were done, picked us up. There were penis gourds being worn by most adult men, some nude, some clothed in western style shorts and shirts. It was very rare to see a child with any type of clothing. Women over a certain age seemed to be mostly in skirts made of materials from leaves or grasses to cloth. Most women wore some kind of cloth on their heads.

Does that help any?

[alfrenude]

Hola... well, here in Central America the nudism in public places is not allowed. but, in Honduras there is a nude beach named Paya Beach at Roatan Island and is a beautiful place. Here in my country, Costa Rica we dont have nudist beaches, but My family and I are creating the first law where it will be allowed the nudism in a beach, actually, it will be the first nude beach in Costa Rica, located at Southern Pacific.
well, naturist greetings.

[fredm74]

Alfrenude, were you aware that they just banned nudity in La Playita in Manuel Antonio? I meant to ask you this before. I had heard rumors about it a month ago and when I finally visited Costa Rica two weeks ago it was indeed true. You can no longer be nude or you will be escorted to jail. I heard it happened to someone who I met while vacationing there. Truly a shame.....:(

[Stu2630]

Another piece of evidence that there is no general "right" to be naked in public in Spain if the local authorities make an ordnance to out law it:

The project will be approved on Monday by the Governing Board and provides for the first time a sanctions regime can only be fishing from the shore from 21.00 to 07.00 hours and will be serious misconduct bathing naked

http://translate.google.com/translate?hl=en&u=http%3A%2F%2Fwww.laverdad.es%2Falicante%2F200805 16%2Falicante%2Fordenanza-playas-prohibira-orinar-20080516.html

Stu

[nudebushwalker]

It is not illegal to simply go nude down here in Australia - nudity is not illegal per se.

Whether or not it is illegal to be nude is an issue for the states - here in NSW the state government handed the decision making over to the local councils. This means that the councils can nominate which beaches under their jurisdiction would then be classified as 'clothing optional' beaches; and whether nudity might be allowed in some public areas...

In NSW it is the state police who enforce the state's laws - we don't have local police departments in the same way as the more populous parts of the US and Europe may have.
There are state laws that cover such things as lewd, obscene and obnoxious behaviours.

Often these types of laws come down to whether reasonable people would be offended by some behaviours.
This means that public nudity and anything considered as lewd and obscene won't be tolerated in populated and built-up areas..

However, Australia is a big country with the longest coast line in the world, and thousands of beaches - once you get away from the council controlled beaches down here, the great majority of out-of-town beaches can often be considered as 'free' or 'clothing optional' beaches...

As long as you as you don't behave in an obscene, lewd or obnoxious way in front of others on that beach..

There are also a lot of remote forest, grassland and mountain areas that are suitable for nude activity or relaxing once you get away from the built-up areas - often it's just a matter of good judgement, common sense - and showing respect for others, and yourself.

[Stu2630]

If there's plenty of space in Australia to accommodate all types of preferences - which I'm sure there is - then it should always be possible, with a little care and thoughtfulness, for nudists and textiles to be able to avoid each other. In that case, it could be argued there is little need for laws so long as people are considerate of others' preferences and sensibilities.

In the case of European countries, there are far more people and far less space, so it's imperative in many areas that beaches are designated as either nudist or textile (and also perhaps some clothing optional ones, too).

Stu