right of admission and permanence

Law

2022

We explain what the right of admission and permanence is and what its limits are. In addition, what is to reserve the right of admission.

The right of admission and permanence is in most of the legal systems.

What is the right of admission and permanence?

When we speak of the right of admission and permanence, we refer to the decision contemplated by public and / or private establishments regarding allowing or denying the entry and permanence of one or more individuals in their spaces, as long as this does not go in detriment to their basic basic rights and is protected under objective conditions for entry and stay.

In short, it is about the right to deny entry to the facilities or to an event that its organizers or administrators have, in the event that there is any irregularity or any forced condition that supports said decision, and that it be done without violating the human rights elementals of the individual.

This right is contemplated in the majority of the legal systems of the world, regardless of whether it is the public or private sphere, always accompanied by the necessary display on visible posters to all attendance of the minimum standards of entry or permanence of the public, and in the same way always adapting to the regulations of protection of the consumer.

This legal agreement is sustained based on the following characteristics:

  • The rules for entering and staying in the space will never be contrary to the dignity nor will they be discriminatory on the basis of sex, race, religion or social class.
  • These rules will be uniformly enforced according to the criterion of equality before the law.
  • The right of admission and permanence will never be considered an absolute right and must be governed by the law, not by the particular criteria of the owner or director of the same.
  • Public spaces will be freely accessible to all the public, except that:
    • The minimum age necessary to enjoy the event without damage is breached.
    • Present in an irregular state: intoxicated, hygiene, craziness, drug use or any other conduct that is uncomfortable and risky for themselves and for others.
    • The capacity has been exceeded.
    • The establishment's opening hours have already ended.
    • Damage the heritage public.

Limits of the right of admission and permanence

The right of admission and permanence under no circumstances shall violate or contravene the pact of peace social rule with which the societies. That is, it should not be exercised to harm third parties, whether moral, legal or physical, or to discriminate the attending public based on subjective criteria of race, sex, religion, sexual orientation or socioeconomic class.

Under no precept does this right become a license for the exclusivity or the discrimination, although there is the possibility that a space is governed by rules of etiquette, protocol or clothing that must, in any case, be available for the public to observe and understand.

What does it mean to reserve the right of admission?

When an establishment "reserves the right of admission", it warns its public that it is governed by specific rules of conduct and protocol that, contrary, could result in the request to leave the place or, in more serious cases, the expulsion from the place and / or the call to the competent authorities.

In principle, this means that a business or a organization They are not obliged to attend or deal with an individual who does not meet the minimum standards established for their entry and / or permanence on the site.

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