We explain what the right of admission and permanence is and what its limits are. Also, what does it mean to reserve the right of admission.
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 allow or deny the entry and stay of one or more individuals to their spaces, as long as this does not go to the detriment of their basic basic rights and is protected by objective conditions for entry and stay.
In short, it is 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 mandatory condition that supports said decision, and that it is done without violating the rights. elementary human rights of the individual.
This right is contemplated in most legal systems in the world without distinction of whether it is the public or private sphere, always accompanied by the necessary display on posters visible to all attendees of the minimum standards for entry or permanence of the public, and in the same way always adapting to consumer protection regulations .
This legal agreement is based on the following characteristics:
- The rules of entry and permanence in the 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 uniformly executed 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 its owner or director.
- Public spaces will be freely accessible to the entire public, except that:
- The minimum age necessary to enjoy the event without damage is not met.
- Is present in an irregular state: drunk, hygienic, crazy, drug use or any other behavior that is uncomfortable and risky for oneself and others.
- The capacity has been exceeded.
- The establishment's public service hours have already ended.
- Damage public property.
See also: Property law
Limits of the right of admission and permanence
The right of admission and permanence Under no circumstances should it 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, nor to discriminate against the attending public based on subjective criteria of race, sex, religion, sexual orientation or socioeconomic class.
Under no circumstances does this right become a license for exclusivity or discrimination, although There is the possibility that a space is governed by rules of etiquette, protocol or clothing which 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 is governed by specific rules of conduct and protocol which, if dissatisfied, could result in a request to leave the place or, in more serious cases, expulsion from the place and/or calling the competent authorities.
In principle, this means that a business or organization is not required to serve or deal with an individual who does not meet the minimum standards established for entry and/or stay on the site.
