CONCEPTS

What is the right of admission and permanence?

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.

  1. What is the right of admission and permanence?

When we talk about 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 to their spaces, as long as this does not go into detriment of your basic elementary rights and be protected under objective conditions for admission and stay.

In short, it is the right to deny entry to the facilities or to an event that their organizers or administrators have, in case there is any irregularity or any forced condition that supports this decision, and that it is done without violating the elementary human rights of the individual.

This right is contemplated in most 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 assistance of the minimum rules of entry or permanence of the public, and in the same way always adapting to the consumer protection regulations .

This legal pact is based on the following characteristics:

  • The rules of entry and permanence in space will never be contrary to human dignity nor will they be discriminatory based on sex, race, religion or social class .
  • These rules will be executed uniformly according to the criteria of equality before the law .
  • The right of admission and permanence will never be held as an absolute right and should be governed by law, not by the particular criteria of the owner or director thereof.
  • Public spaces will be freely accessible to the public, except that:
    • It is breached with the minimum age necessary to enjoy without damage the event.
    • It is presented in an irregular state: drunkenness, hygiene, madness , drug use or any other behavior that is uncomfortable and risky for itself and for others.
    • The capacity has been exceeded.
    • The establishment’s customer service hours are over.
    • Make damage to public assets.
  1. Limits of the right of admission and permanence

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

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

  1. 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 to this, could result in the request to leave the site or, in more serious cases, the expulsion of the place and / or the call to the competent authorities.

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

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