Public Nudity in Spain
The most important thing to note about nudity in public in Spain is, that it is your constitutional right to be naked in any publicly owned area in Spain.
In some areas the local police or council will attempt to enforce nude and non nude areas, but these are both illegal, as everyone is entitled to be naked in all public areas.
It is surprising that the authorizations which allowed the first nudists to enjoy areas where they did not take the risk of colliding with justice, are later the main argument which is used against nudism, since it is professed that as authorized areas or beaches exist, on the rest of the beaches it is not authorized, so it is forbidden. Which is false.
At this time you are allowed to be nude in any public area in Spain and no authorization is required
Beaches, rivers, lakes, open fields, tracks, roads, streets, squares, parks, etc. are public areas in Spain
Article 9.2 in the Carta Magna places public authorities under the obligation to remove any hindrance in the way of individuals and groups to which they belong so that their freedom and equality may be effective.
As all beaches are public areas, all beaches are free to be used.
It is important for us to understand that according to the current legislation, nudity cannot be limited, nor sanctioned and, even less so, forbidden.
Of course this can change, since it would be sufficient for a law to be passed so that these measures could be applied, although this would be contrary to the fundamental rights set out in the Carta Magna and would also go against those recognised in the Universal Declaration of Human Rights.
Nudity is protected in the basic mainstay of democracy and legal state in Spain
- In the freedom of ideas,
- in non-discrimination for ideological reasons
- or of personal circumstances,
- in freedom of speech,
- in the freedom to wander around the whole Spanish territory without restrictions,
- in not reducing rights based on opinions,
- in the right to educate our children according to our
- morality (as long as this is adjusted to the law... and nudism is),
- in the right to one’s own image and clothing or to the absence of such,
- and in the non consideration of illegal to that which is not regulated; that something may be considered illegal unless it is specifically regulated by law is characteristic of dictatorships, not of democratic states.
As yet, nobody has given even one valid argument against nudism. They have appealed to aesthetics, to elegance... which are arguments that are annulled “per se” . And fundamentally moral reasons are argued, morality being set out in the Constitution, and protected... ... Specifically, the equality of moralities is set out and that none should prevail over another except, of course, that one of them contravenes the law, and nudism does not.
We have freedom of expression, and we can express our nudism, our ideology and philosophy of life as long as we do not act against the law... as there is no law which goes against nudism, we can express our nudity freely.
If at any time you have any problems from practicing nudism in Spain do not hesitate to contact:
If the police appear and infringe on your rights, this is what you should do:
The police can ask you to get dressed without that constituting any infraction. You can refuse without that constituting an infraction, either.
In the case of them asking you to get dressed you can refuse but do not shout, threaten or do anything similar.
In the safety of your home the police are off limits. If you are in a public area you are more vulnerable but still you are protected. by your rights.
In this case, when you refuse they can insist, you can ask them to identify themselves and they have the obligation to do so, if they do not identify themselves you can report them just for that.
Then you can indicate to them that you will not get dressed and that according to the legislation in force, nudity is one of your rights. Ask them on the basis of which legislation they are indicating that you get dressed. If they do not tell you, insist.
In the case of them insisting you can indicate to them that you will not get dressed and that if they want to, they can detain you. You have to be prepared to go through that, but each person needs to evaluate the situation.
If they opt to detain you: you must allow them to do so without resistance, and once in the police station demand that you are charged and given a copy of the charge sheet. They have the obligation to do so, so you must insist. If they refuse you can report them for that reason. If they give you the charge sheet, this can be used to report the agents who have arrested you, for illegal arrest.