A Canadian judge must clarify that the photograph of a Muslim woman without a veil is not that of a naked woman.
The woman argued that images from before she became a Muslim should be protected by law because they are “like going out naked”. She says that the photograph of her kissing her ex-husband is sexual.
Woman with an Islamic veil
Image from Freepik
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The Civil Resolution Tribunal of British Columbia, Canada It has ruled that photographs of a Muslim woman not wearing the Islamic veil (hijab) cannot be considered “intimate images.” under the legislation in force in the province.
The plaintiff brought the case before the courts because her ex-husband had distributed photographs of her without wearing the Islamic veil. In the images she appeared with her hair uncovered and her arms and shoulders visible, as they were from before her conversion to Islam. According to the woman, aThese photographs took on an intimate character once she had adopted the veil as a religious practice., since appearing without a hijab in front of unrelated men ran counter to her beliefs. For this reason, she argued that the unauthorised dissemination of these images had seriously harmed her and that provincial law ought to offer her protection.
The court does not see her as almost naked for not wearing a hijab.
In its ruling, the British Columbia Civil Resolution Tribunal dismissed the claim. According to the record CTV News Vancouver, the court noted that the photographs “They do not meet the legal requirements to be considered intimate images.”As the decision records, the judge stated: “I consider that the images of the applicant without her hijab do not show her as “almost naked.”.
With this phrase, the court emphasises that The mere absence of the hijab does not legally equate to being naked or nearly naked., an indispensable condition for an image to be considered intimate under the Act on the Protection of Intimate Images.
The judge seemed to have it very clear. He added that “Subjective perceptions of shame or cultural discomfort cannot alter the legal definition established by legislation.”Consequently, he rejected the woman's request and concluded that the images were not protected by law.
A kiss is not a sexual act.
In her claim, the woman also alleged that some of the photographs in which she appeared kissing her then-husband should be considered “intimate images”, as, According to her, a kiss constitutes a sexual act..
The court, however, also rejected this argument. The ruling specifies that a kiss, even if in a couple's context, does not equate to a sexual act in the legal sense. This regulation only protects images that show sexual relations or explicitly sexual acts., no gestures of affection or physical displays of affection such as kisses or hugs.
Consequently, the CRT concluded that these photographs could not be classified as “intimate images” and, therefore, did not enjoy the protection provided for by law.
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