Standards for the Protection of Minors
Preamble In view of the legal obligation arising from the provisions of the Act of May 13, 2016, on counteracting threats of sexual crime and the protection of minors, as well as the content of the guidelines of the United Nations in the field of business and human rights, recognizing the important role of business in ensuring respect for children's rights, No.4 Residence adopts the Standards for the Protection of Minors (also "SOM", "Standards"). This document constitutes a set of principles and procedures applied in case of suspicion that a child staying at No.4 Residence is being harmed and for the prevention of such threats, taking into account the situation of children with disabilities and children with special educational needs. The Standards for the Protection of Minors at No.4 Residence are implemented based on the following principles: 1. No.4 Residence conducts its operational activities respecting the rights of children as persons especially vulnerable to harm. 2. No.4 Residence recognizes its role in conducting socially responsible business and promoting desirable social attitudes. 3. No.4 Residence particularly emphasizes the importance of the legal and social duty to report to law enforcement authorities every case of suspected crime against children and commits to training its employees in this regard.
Glossary:
For the purposes of this document, the meanings of the following terms have been clarified: 1. Tourist facilities – accommodation facilities and other facilities where accommodation services are provided as defined in the Act of August 29, 1997 on accommodation services and the services of tour guides and tour leaders. 2. Child/minor – for the purposes of these standards, a child is any person under 18 years of age. 3. Child's guardian – statutory representative of the child: parent or guardian; foster parent; temporary guardian (person authorized to represent a minor Ukrainian citizen staying in the territory of the Republic of Poland without adult care). 4. Adult stranger – any person over 18 years of age who is not the child's parent or legal guardian. 5. Child abuse – understood as behavior that may constitute the commission of a prohibited act to the detriment of a child by any person, including an employee of the entity, or threat to the child's welfare, including neglect; any intentional or unintentional action/omission of an individual, institution or society as a whole and any result of such action or inactivity that violates the rights, freedoms, and personal goods of children and/or disrupts their optimal development. 6. Forms of violence against a child: ● Physical violence against a child is violence resulting in actual physical harm to the child or a potential threat thereof. This harm occurs as a result of action or omission on the part of a parent or another person responsible for the child, whom the child trusts, or who has authority over them. Physical violence against a child can be repetitive or a one-time act. ● Psychological violence against a child is a chronic, non-physical, harmful interaction between a child and a guardian, including both acts and omissions. It includes, among others: emotional unavailability, emotional neglect, relationships with the child based on hostility, blaming, defamation, rejection, developmentally inappropriate or inconsistent interactions with the child, failure to recognize the child's individuality and mental boundaries between parent and child. ● Sexual exploitation of a child means involving the child in sexual activity which they are unable to fully understand and give informed consent to and/or are not developmentally mature to legally consent to and/or which is contrary to legal or customary norms of a given society. Sexual exploitation occurs when such activity takes place between a child and an adult or a child and another child if these persons are in a relationship of care, dependency, or authority due to age or developmental level. Sexual exploitation may also take the form of sexual abuse, i.e., any actual or attempted abuse of position, vulnerability to threats, power, or trust for sexual purposes, including but not limited to financial, social or political gain from sexual exploitation of another person. Particular risk occurs during humanitarian crises. Threats of exploitation apply to both children and their guardians (definition per UN Bulletin ST/SGB/2003/13). ● Neglecting a child means chronic or occasional failure to meet their basic physical and psychological needs and/or disregarding their basic rights, causing health disorders and/or developmental difficulties. Neglect occurs in the relationship between the child and the person obligated to care, raise, protect and look after the child. 7. Crime against a child – all crimes that can be committed against adults as well as crimes that can only be committed against children (e.g., Sexual exploitation under Article 200 of the Penal Code). Due to the nature of accommodation facilities where isolation can be easily achieved, the most frequent crimes occurring on their premises are those against sexual freedom and decency, particularly rape (Art. 197 PC), sexual abuse of helplessness or incapacity (Art. 198 PC), sexual abuse of dependency or critical situation (Art. 199 PC), sexual abuse of person under 15 years old (Art. 200 PC), grooming (seducing minors through remote communication means – Art. 200a PC). 8. Other forms of child abuse besides criminal offenses – all forms of violence against the child that do not meet the criteria of a publicly prosecuted crime (e.g., yelling, humiliation, pulling, insulting, neglecting needs, etc.). 9. Employee means a person employed under a contract of employment or performing work under a similar contract (e.g., mandate, B2B, contract for specific work), as well as interns, trainees, volunteers, etc. 10. Employee working with children means any person performing or delegated to perform tasks related to upbringing, education, recreation, treatment, psychological counseling, spiritual development, sports, or other interests of minors, or caring for them. 11. Entrepreneur – the governing body/entity/person managing a given facility or network of facilities, responsible for the proper formal functioning of the facility.
Glossary:
For the purposes of this document, the meanings of the following terms have been clarified: 1. Tourist facilities – accommodation facilities and other facilities where accommodation services are provided as defined in the Act of August 29, 1997 on accommodation services and the services of tour guides and tour leaders. 2. Child/minor – for the purposes of these standards, a child is any person under 18 years of age. 3. Child's guardian – statutory representative of the child: parent or guardian; foster parent; temporary guardian (person authorized to represent a minor Ukrainian citizen staying in the territory of the Republic of Poland without adult care). 4. Adult stranger – any person over 18 years of age who is not the child's parent or legal guardian. 5. Child abuse – understood as behavior that may constitute the commission of a prohibited act to the detriment of a child by any person, including an employee of the entity, or threat to the child's welfare, including neglect; any intentional or unintentional action/omission of an individual, institution or society as a whole and any result of such action or inactivity that violates the rights, freedoms, and personal goods of children and/or disrupts their optimal development. 6. Forms of violence against a child: ● Physical violence against a child is violence resulting in actual physical harm to the child or a potential threat thereof. This harm occurs as a result of action or omission on the part of a parent or another person responsible for the child, whom the child trusts, or who has authority over them. Physical violence against a child can be repetitive or a one-time act. ● Psychological violence against a child is a chronic, non-physical, harmful interaction between a child and a guardian, including both acts and omissions. It includes, among others: emotional unavailability, emotional neglect, relationships with the child based on hostility, blaming, defamation, rejection, developmentally inappropriate or inconsistent interactions with the child, failure to recognize the child's individuality and mental boundaries between parent and child. ● Sexual exploitation of a child means involving the child in sexual activity which they are unable to fully understand and give informed consent to and/or are not developmentally mature to legally consent to and/or which is contrary to legal or customary norms of a given society. Sexual exploitation occurs when such activity takes place between a child and an adult or a child and another child if these persons are in a relationship of care, dependency, or authority due to age or developmental level. Sexual exploitation may also take the form of sexual abuse, i.e., any actual or attempted abuse of position, vulnerability to threats, power, or trust for sexual purposes, including but not limited to financial, social or political gain from sexual exploitation of another person. Particular risk occurs during humanitarian crises. Threats of exploitation apply to both children and their guardians (definition per UN Bulletin ST/SGB/2003/13). ● Neglecting a child means chronic or occasional failure to meet their basic physical and psychological needs and/or disregarding their basic rights, causing health disorders and/or developmental difficulties. Neglect occurs in the relationship between the child and the person obligated to care, raise, protect and look after the child. 7. Crime against a child – all crimes that can be committed against adults as well as crimes that can only be committed against children (e.g., Sexual exploitation under Article 200 of the Penal Code). Due to the nature of accommodation facilities where isolation can be easily achieved, the most frequent crimes occurring on their premises are those against sexual freedom and decency, particularly rape (Art. 197 PC), sexual abuse of helplessness or incapacity (Art. 198 PC), sexual abuse of dependency or critical situation (Art. 199 PC), sexual abuse of person under 15 years old (Art. 200 PC), grooming (seducing minors through remote communication means – Art. 200a PC). 8. Other forms of child abuse besides criminal offenses – all forms of violence against the child that do not meet the criteria of a publicly prosecuted crime (e.g., yelling, humiliation, pulling, insulting, neglecting needs, etc.). 9. Employee means a person employed under a contract of employment or performing work under a similar contract (e.g., mandate, B2B, contract for specific work), as well as interns, trainees, volunteers, etc. 10. Employee working with children means any person performing or delegated to perform tasks related to upbringing, education, recreation, treatment, psychological counseling, spiritual development, sports, or other interests of minors, or caring for them. 11. Entrepreneur – the governing body/entity/person managing a given facility or network of facilities, responsible for the proper formal functioning of the facility.
CHAPTER I.
FACILITY EMPLOYEES
CHAPTER II.
CHILD IDENTIFICATION PROCEDURE DURING CHECK-IN AT THE RECEPTION
CHAPTER III.
PROCEDURE IN CASES INDICATING CHILD ABUSE BY AN ADULT
CHAPTER IV.
PROCEDURE IN CASE OF SUSPECTED OR CONFIRMED CHILD ABUSE BY AN EMPLOYEE OR ANOTHER ADULT
CHAPTER V.
PROCEDURE IN CASE OF OTHER FORMS OF VIOLENCE AGAINST A CHILD BY A PARENT/LEGAL GUARDIAN OR ANOTHER ADULT
CHAPTER V.
MONITORING AND EVALUATION OF THE STANDARDS FOR THE PROTECTION OF MINORS
CHAPTER VI.
FINAL PROVISIONS