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2021-07-03 Now, as "Please refrain from entering the store if you are not wearing a mask" changes to "Please refrain from entering the store if you have not been vaccinated", the question is purely "Is this discrimination?" [長年日記]

An administrative will provide proof of vaccination for those who have received the corona vaccine.

This means that from now on, not only at concerts, plays, and sports games, but also at stores, people without vaccination certificates will be denied entry.

Now, this "refusal to enter" is always mentioned in the history of the world in combination with the issue of discrimination.

The most famous is, of course, the so-called discrimination against blacks, which has been going on since the African-American Civil Rights Movement, but even in Japan, there are so many discrimination issues that I am sick of mentioning them.

So, I won't talk about it this time.

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Now, as "Please refrain from entering the store if you are not wearing a mask" changes to "Please refrain from entering the store if you have not been vaccinated", the question is purely "Is this discrimination?"

I did some research and found out that, in principle, it does not fall under the category of "discrimination".

The article on which this is based is Article 521, "Freedom of Contract," of the Civil Code.

1. any person is free to decide whether or not to make a contract, except as otherwise provided by law.

2. The parties to a contract are free to determine the content of the contract within the limitations of the law.

For those who still try to enter the store, it is possible to report them to the police for trespassing and failure to leave as stipulated in Article 130 of the Penal Code.

However, the reasons must be logical, objective, and above all, legal.

You cannot refuse to enter a store because you have a disability or because you are of a different nationality, and if you do, you will be penalized by another law to the contrary.

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At present, there is no case in Japan where a dispute over "If you do not wear a mask, please refrain from entering the store" has been brought to court, so naturally there is no precedent yet.

In our country, the trend seems to be that such refusal of entry is acceptable under the current circumstances and socially accepted norms.

If you think this is discrimination, you can "try it out and fight it in court.

However,

"It is socially acceptable to deny entry to a person who refuses to take precautions (wearing a mask) against the spread of a legally contagious disease that can lead to death"

With the content of this ruling, I feel that the case will be concluded.

(To be continued)