Standards for the Protection of Minors
Standards for the Protection of Minors
CHILD PROTECTION POLICY at Hotel Trofana Wellness & SPA in Międzyzdroje Trofana spółka z.o.o., Międzyzdroje 72-500, ul. Zdrojowa 9, Preamble
Preamble
Bearing in mind the legal obligation arising from the provisions of the Act of 13 May 2016 on counteracting sexual crimes and protecting minors and the content of the United Nations Guiding Principles on Business and Human Rights, recognizing the important role of business in ensuring respect for children’s rights, Hotel Trofana Wellness & SPA adopts this Child Protection Policy. This document constitutes a set of principles and procedures applied in the event of a suspicion that a child staying at Hotel Trofana Wellness & SPA is being harmed and for preventing such risks, taking into account the situation of children with disabilities and children with special educational needs.
The child protection policy at Hotel Trofana Wellness & SPA is implemented on the basis of the following principles:
1. Hotel Trofana Wellness & SPA conducts its operational activities with respect for children’s rights as persons particularly vulnerable to harm.
2. Hotel Trofana Wellness & SPA recognizes its role in conducting socially responsible business and promoting desirable social attitudes. In particular, Hotel Trofana Wellness & SPA emphasizes the importance of the legal and social duty to notify law enforcement authorities of any suspected commission of an offense against children and commits to training its staff in this regard.
Glossary:
For the purposes of this document the meanings of the following terms are clarified:
1. Tourist facilities – hotel establishments and other facilities where hotel services are provided as defined in the Act of 29 August 1997 on hotel services and services of tour escorts and tourist guides.
2. Child/minor - for the purposes of this Policy, a child is any person who has not reached 18 years of age. 1
3. Child’s guardian – the child’s legal representative: parent or guardian; foster parent; temporary guardian (i.e., a person authorized to represent a minor citizen of Ukraine who is staying on the territory of the Republic of Poland without adult supervision)2
4. An unrelated adult is any person over 18 years of age who is not the child’s parent or legal guardian.
5. Child abuse - shall be understood as behavior that may constitute the commission of an unlawful act to the detriment of a child by any person, including a member of the tourist facility’s staff, or a 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 inaction that violates the rights, freedoms and personal goods of children and/or disturbs 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 which may potentially cause such harm. This harm results from action or omission by a parent or other person responsible for the child, or whom the child trusts, or who has power over the child. Physical violence against a child may be repeated or a single incident.
● Psychological violence against a child is a chronic, non-physical, harmful interaction between a child and a caregiver, including both actions and omissions. It includes, among others: emotional unavailability, emotional neglect, a relationship with the child based on hostility, blaming, denigration, rejection, developmentally inappropriate or inconsistent interactions with the child, failure to recognize the child’s individuality or to respect psychological boundaries between parent and child.
● Sexual exploitation of a child is involving a child in sexual activity which they cannot fully understand and give informed consent to and/or for which they are not developmentally mature and cannot consent in a legally valid way and/or which is contrary to the legal or customary norms of the given society. Sexual exploitation occurs where such activity takes place between a child and an adult or between a child and another child if, because of age or developmental level, those persons are in a relationship of care, dependency, or power. Sexual exploitation may also take the form of sexual exploitation for gain, i.e., any actual or attempted abuse of a position of vulnerability, power advantage, or trust for sexual purposes, including, but not limited to, deriving financial, social or political benefits from the sexual exploitation of another person. There is a particular risk of sexual exploitation during humanitarian crises. The threat of exploitation exists both towards children and their caregivers (definition after UN Bulletin ST/SGB/2003/13).
● Neglect of a child is chronic or incidental failure to meet the child’s basic physical and psychological needs and/or to respect their basic rights, causing health disorders and/or developmental difficulties. Neglect occurs in the relationship between a child and the person obligated to care for, raise, nurture and protect the child.
7. Crime against a child – crimes can be committed against children that are the same as those that can be committed against adults, and additionally crimes that can only be committed against children (e.g., sexual abuse under Art. 200 of the Penal Code3). Due to the nature of accommodation facilities, where it is easy to obtain the possibility of isolation, the crimes most likely to occur on their premises will be offenses against sexual freedom and decency, in particular rape (Art. 197 Penal Code), sexual use of incapacity or helplessness (Art. 198 PC), sexual exploitation of dependence or critical situation (Art. 199 PC), sexual exploitation of a person under 15 years of age (Art. 200 PC), grooming (seducing a minor via means of remote communication - Art. 200a PC).
8. Other forms of harm to a child than the commission of a crime against them – all forms of violence applied to a child that do not meet the elements of an offense prosecuted by public indictment (e.g., shouting, humiliation, pulling, insulting, neglecting needs, etc.).
9. Employee means a person employed under an employment contract or performing work under a similar agreement (e.g., contract of mandate, B2B, contract for specific work), as well as an intern, trainee, volunteer, etc.
10. An employee assigned to work with children is any person performing tasks or delegated to perform tasks related to upbringing, education, recreation, treatment, provision of psychological counseling, spiritual development, sports practice or other activities of minors, or caring for them.
11. Entrepreneur – the body/entity/person managing a given tourist facility or network of facilities, responsible for the proper formal functioning of the facility – in this case Trofana spółka z.o.o., headquartered in Międzyzdroje, ul. Zdrojowa 9, Międzyzdroje 72-500.
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1 According to Polish law a child is any person under eighteen (Art. 1 of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989).A minor is a person who has not reached adulthood, thus a person up to the age of 18 or a woman who obtained majority by marriage after turning 16 (Art. 10 § 1 and 2 of the Civil Code), which may occur with the permission of the guardianship court for important reasons and if circumstances indicate that entering into marriage will be in the interest of the formed family (Art. 10 § 1 CC).
2 Parents - Art. 98 of the Family and Guardianship Code; Guardian - Art. 155 of the Family and Guardianship Code; foster parent - Art. 1121 of the Family and Guardianship Code; temporary guardian; Art. 25 of the Act on assistance to citizens of Ukraine in connection with the armed conflict on the territory of that state.
3 Act of 6 June 1997 Penal Code (consolidated text Journal of Laws 2022, item 1138, as amended).
CHAPTER I. FACILITY EMPLOYEES
General rules
1. Hotel Trofana Wellness & SPA undertakes to educate its employees about circumstances indicating that a child staying at the facility may be harmed and about ways to quickly and appropriately respond to such situations. The facility may implement the aforementioned education through various forms of training, e.g.: external training, internal training, e-learning, educational materials developed by the hotel and available to employees, free educational materials developed by other organizations.
2. Every employee, before being allowed to work, is acquainted with the Child Protection Policy, which is confirmed by signing a statement and a commitment to comply with the rules and procedures contained in this document. Attachment no. 1
3. In addition, any person employed/delegated to work with children must provide information from the National Criminal Register regarding the offenses specified in Chapters XIX and XXV of the Penal Code, Art. 189a and Art. 207 of the Penal Code and in the Act of 29 July 2005 on counteracting drug addiction (Journal of Laws 2023, item 172 and 2022, item 2600), or for acts prohibited by foreign law equivalent to those offenses.
4. If the person being employed/delegated holds citizenship other than Polish, they should also submit criminal record information from that country of which they are a citizen, obtained for the purpose of professional or volunteer activity involving contact with children, or information from the criminal register if the law of that country does not provide for issuing such information for the above purposes.
5. A statement concerning the country/countries of residence over the past 20 years, other than the Republic of Poland and the country of citizenship, made under criminal liability should also be obtained from the person employed/delegated. Attachment no. 4
6. If the law of the country from which the criminal record information is to be provided does not provide for issuing such information or does not maintain a criminal register, the person being employed/delegated shall submit a statement to that effect under criminal liability. Attachment no. 5
7. Under statements made under criminal liability the following declaration is signed: “I am aware of the criminal liability for making a false statement.” This declaration replaces informing the authority about criminal liability for making a false statement.
8. When using services of external entities, Hotel Trofana Wellness & SPA includes in the contract with such an entity an appropriate clause enabling Hotel Trofana Wellness & SPA to enforce appropriate standards regarding the vetting of that entity’s employees for their safety for children. The clause will enable Hotel Trofana Wellness & SPA to control compliance with the obligation under penalty of immediate termination of the contract and contractual penalty or other sanctions related to failure to meet the contract terms in this respect.
Scope of competencies and responsibilities of persons designated to implement the Child Protection Policy at Hotel Trofana Wellness & SPA
1. Supervision over the application of the Child Protection Policy is exercised by the Entrepreneur.
2. The Entrepreneur appoints a coordinator for the Child Protection Policy (hereinafter referred to as the “Coordinator”).
3. The Coordinator is responsible for familiarizing employees with the Child Protection Policy and monitoring its implementation in Hotel Trofana Wellness & SPA.
4. The Coordinator organizes and documents the education process for employees in recognizing signs that a child staying at the facility may be harmed and ways to quickly and appropriately respond to such situations, in accordance with procedures adopted by the facility.
5. The Coordinator records each intervention or reported incident related to child harm on the facility’s premises in a document created for this purpose (e.g., an incident log or intervention register).
6. In the case of a justified suspicion that a crime has been committed, the Coordinator is responsible for securing evidence, including surveillance recordings, and providing them at the request of the authorities in the form of copies by registered mail or personally to the prosecutor or the police.
7. The Coordinator is responsible for conducting the procedure when a child has been harmed by a facility employee or another adult who is not directly employed by Hotel Trofana Wellness & SPA but by a third party.
8. The Coordinator is responsible for monitoring and updating the Child Protection Policy and making it available both among employees and other entities cooperating with the facility as well as guests.
9. The Coordinator’s contact details are available to all employees and guests of the facility, including children. The information must include how to contact the Coordinator (email address, telephone number, availability: days and hours of work).
Rules for safe employee–child relationships
1. The following rules must be followed by all employees of Hotel Trofana Wellness & SPA, as well as other adults who have contact with children on the premises of the facility, if such contact occurs with the facility’s consent.
2. The primary rule of all actions taken by employees having contact with children on the premises of Hotel Trofana Wellness & SPA is to treat the child with respect and take into account their dignity and needs.
3. It is unacceptable for employees and other adults to use any form of violence against a child.
A. Behaviors and practices expected from employees
● In communication with a child, be patient and respectful.
● Listen attentively to the child and provide responses appropriate to their age and the situation. When communicating with a child, try to have your face at the same level as the child’s face.
● Reassure the child that if they feel uncomfortable in any situation they can tell you or another designated person and receive help.
● Inform the child where the Child Protection Policy is located in Hotel Trofana Wellness & SPA in a version understandable to them. Ensure that if they have questions they can contact you or another designated person.
● Treat children equally regardless of their gender, sexual orientation, ability/disability, social, ethnic, cultural, religious status and beliefs.
● Ensure a safe environment. If children are present in your working area, make sure that equipment and furnishings are used in a manner consistent with their intended use and that the surroundings are safe (pay attention to window and stair safety measures, limited access to busy roads, open water, etc.).
● If you see a child/children left unattended and the situation may indicate a threat to the child’s safety, take steps to find the parent/guardian.
B. Behaviors and practices unacceptable from employees toward children in the facility
● You must not shout at, embarrass, humiliate, disregard or insult a child.
● You must not hit, shove, push or in any way violate a child’s physical integrity, unless there is an immediate threat to the child’s health or life.
● You must not enter into any romantic or sexual relationship with a child or make inappropriate propositions to them. This also includes sexual comments, jokes, gestures and providing children with erotic or pornographic content in any form.
● You must not record or photograph a child for private or official purposes without the consent of the child’s parents/guardians and the child’s own consent. This also applies to allowing third parties to record images of children. An exception is when the child’s image is only a detail of a whole, such as a gathering, landscape, public event, then parental/guardian consent is not required.
● You must not contact a child through private communication channels (private phone, email, messengers, social media profiles) or meet with the child outside the workplace.
● You must not offer a child alcohol, tobacco products or illegal substances.
● Never touch a child if they do not want to be touched or in a way that may be considered indecent or inappropriate.
If you witness any of the behaviors and/or situations described above by other adults or children, always inform the person responsible at the facility for implementing and monitoring the Child Protection Policy or your immediate supervisor: Karolina S., tel. +48 91 32 80 482, info@hotel-trofana.pl
CHAPTER II. PROCEDURE FOR IDENTIFYING A CHILD DURING REGISTRATION AT THE RECEPTION
1. One form of effective prevention of child harm is establishing the identity of the child staying at the tourist facility and their relationship to the adult accompanying them.
2. The reception employee takes all possible steps to identify the child and their relationship with the accompanying adult.
3. To identify the child and their relationship to the accompanying adult, the following should be done:
a. ask for the child’s identity document or another document confirming that the adult has the right to exercise care over the child. Example documents that may serve for identification include: identity card, school ID, MObywatel app, Internet Patient Account, court decision. If an identity document is not available or is refused, request the child’s details (e.g., name, surname, address, date of birth).
b. If documents indicating kinship between the child and the adult are absent or refused, ask both the adult and the child about this relationship. A sample conversation scheme with the adult and child is included in Attachment no. 2
c. If the adult is not the parent or legal guardian of the child, they should be asked to present a document e.g., a parent’s written consent for that person to travel with the child, notarized, or a consent signed by the child’s parent including the child’s details, home address, parent’s phone contact and the identity document number/PESEL number of the person to whom the parent entrusted care of the child. If the adult does not possess any of the above documents, ask them to fill in an appropriate declaration in the form prepared by the tourist facility. The declaration should include the child’s data and the adult’s data with whom the child is staying, indicating the relationship between the child and the adult. If the adult is not the parent or legal guardian, they should declare that the parents/legal guardians consented to the care of the child.
4. If the adult refuses to show the child’s document and/or indicate the relationship, explain that the procedure serves to ensure the safety of children using Hotel Trofana Wellness & SPA and that in accordance with the provisions of the Act of 13 May 2016 facility employees must comply with child rights regulations. After explaining the matter in a positive manner, thank them for the time spent ensuring the child is in good care.
5. If the conversation does not dispel doubts about the adult and suspicions of their intent to harm the child, especially when they refuse to show an identity document or to sign a declaration containing the child’s data, discreetly notify your supervisor and security staff (if present on the premises at that time) so as not to arouse suspicion (for example, you may invoke the need to use equipment in the back office of the reception, asking the adult to wait with the child in the lobby, restaurant or another area).
6. From the moment initial doubts arise, both the child and the adult should, as far as possible, remain within the sight of a facility employee and should not be left alone.
7. The supervisor who has been notified of the situation takes over the conversation with the suspicious adult to obtain further explanations.
8. If the conversation confirms the belief of an attempt or commission of an offense against a child, the supervisor notifies the police. The procedure for circumstances indicating child harm then applies (see Chapter III).
9. If employees of other departments of Hotel Trofana Wellness & SPA witness atypical and/or suspicious situations (e.g., cleaning service, room service, bar and restaurant staff, relaxation zone staff, security, etc.), they should immediately notify their supervisor, and in their absence – the decision-maker who will take appropriate actions (see points 7 and 8 above).
10. Depending on the situation and location, the supervisor verifies to what extent the suspicion of child harm is justified. To this end, appropriate measures are selected to clarify the situation or a decision is made to carry out an intervention and notify the police.
CHAPTER III. PROCEDURE IN CASES OF CIRCUMSTANCES INDICATING HARM TO A CHILD BY AN ADULT
1. A justified suspicion of harm to a child exists when:
a. the child has disclosed to a facility employee that they have been harmed,
b. an employee has observed the harm,
c. the child has visible signs of harm (e.g., scratches, bruises), and when asked responds inconsistently and/or chaotically and/or becomes embarrassed, or other circumstances arise that may indicate harm e.g., discovery of pornographic materials involving children in the adult’s room.
2. An employee who has a justified suspicion that a child staying at the facility is or has been harmed should immediately notify their supervisor/the decision-maker, who shall notify the police. In the case of an existing threat to the child’s safety, the employee who has formed a justified suspicion of child harm must immediately notify the police by calling 112 and describing the circumstances of the incident. Independently of the above, the employee notifies the facility/[Hotel/Network] Coordinator of the incident.
3. Efforts should be made to hinder or even prevent the child and the person suspected of harming the child from leaving the facility.
4. In the situation specified in the Code of Criminal Procedure, a citizen’s arrest of the suspected person may be made. In such a case, until the arrival of the police, the detained person remains under the supervision of security staff or other hotel employees who can perform such actions without endangering their health or life.
5. In every case, the child’s safety must be ensured. The child, where possible, should remain under the care of an employee until the police arrive. If possible, attempt to provide support to the child (Attachment no. 10).
6. In the case of a justified suspicion that a crime involving the child coming into contact with the perpetrator’s biological material (semen, saliva, skin) has occurred, as far as possible do not allow the child to wash or eat/drink until the police arrive. Explain to the child why such restrictions have been applied.
7. After the police take custody of the child, secure surveillance material and other relevant evidence (e.g., documents) concerning the incident and hand them over to the Coordinator, who will provide copies to the prosecutor or the police upon request, by registered mail or in person.
8. After the intervention, report the incident to the Coordinator, who records it in the incident log or other document intended for this purpose.
CHAPTER IV. PROCEDURE IN CASE OF SUSPICION OR FINDING OF CHILD HARM BY AN EMPLOYEE/OTHER ADULT
1. In the event of suspicion of a child being harmed by an employee or another adult who is not directly employed by Hotel Trofana Wellness & SPA but by a third party, the person who received this information should immediately inform the Coordinator, and in their absence another person designated for this purpose.
2. If the child’s life or health is at risk, the person who received the information should immediately notify the police by calling the emergency number 112, providing their own data, the child’s data (if possible), the child’s location and a description of the circumstances, and inform the supervisor/the decision-maker, who notifies the child’s parents/guardians. The person who received the information about the incident should also inform the Coordinator, at least by email/written form.
3. If an employee has committed a form of harm to a child other than the commission of a crime against them, the Coordinator, upon learning of the matter, should investigate all circumstances of the case, in particular by hearing the employee suspected of harming the child and other witnesses. If the violation of the child’s welfare is significant, especially where discrimination or violation of the child’s dignity occurred, the Coordinator should recommend appropriate personnel actions towards that employee to the person managing the facility.
4. If the person who committed the harm is not directly employed by Hotel Trofana Wellness & SPA but by a third party (e.g., outsourced staff), it should be recommended to ban their entry to Hotel Trofana Wellness & SPA and, if necessary, terminate the contract with the third party.
CHAPTER V. PROCEDURE IN CASE OF FINDING OTHER FORMS OF VIOLENCE AGAINST A CHILD BY A PARENT/LEGAL GUARDIAN/OTHER ADULT
1. If a child is found to be harmed by a parent/legal guardian or another adult with whom the child is staying on the premises, any employee witnessing such harm should react firmly.
2. If the child’s life or health is at risk, the person who received the information should immediately notify the police by calling the emergency number 112, providing their own data, the child’s data (if possible), the child’s location and a description of the circumstances, and inform the supervisor/the decision-maker. The person who received information about the incident also informs the Coordinator, at least by email/written form.
3. If a facility employee witnesses physical violence against a child (slaps, pulling, shouting, other behaviors listed in the definition of physical violence) they should try to stop the harm and react. Possible forms and methods of responding to harmful behaviors by a parent/guardian/other adult toward a child are set out in Attachment no. 11.
4. In the event of a child under 7 years of age being left unattended, the employee who becomes aware of such an event should notify their supervisor. The supervisor who has been informed of the situation decides on further actions in the context of the provisions of the Penal Code and the Code of Misdemeanors 4. Depending on this context, the supervisor attempts to find the parent/legal guardian or another adult with whom the child is staying on the premises and explains that they cannot leave the child unattended. If it is not possible to locate the parent/legal guardian or other adult, or the parent/legal guardian/other adult does not want or is not able to take responsibility for the child, the supervisor notifies the police. In all cases, the child’s safety must be ensured.
CHAPTER V: MONITORING AND EVALUATION OF THE CHILD PROTECTION POLICY
1. The Entrepreneur appoints a Coordinator responsible for the Child Protection Policy applied in Hotel Trofana Wellness & SPA and places their contact details in a location easily accessible to staff and hotel guests, including children.
2. The Entrepreneur defines the scope of tasks and competencies of the Coordinator in preparing employees to apply the provisions of the Child Protection Policy, the rules for preparing employees to apply them and the method of documenting these activities
3. The Coordinator referred to in the preceding point shall conduct monitoring and evaluation of the Child Protection Policy once every two years.
4. Monitoring and evaluation include verification of the implementation of the Child Protection Policy, responding to signals of breaches of rules and procedures and proposing changes to the document, especially with regard to adapting them to current needs and compliance with applicable regulations.
5. The Coordinator conducts a survey among Hotel Trofana Wellness & SPA employees every 2 years to monitor the level of implementation of the Child Protection Policy. The survey template is Attachment no. 6.
6. In the survey, employees may propose changes and indicate breaches of the rules and procedures of the Child Protection Policy at Hotel Trofana Wellness & SPA.
7. The Coordinator analyses the surveys completed by employees, prepares a monitoring report based on them, which is then submitted to the Entrepreneur. The Entrepreneur introduces the necessary changes to the document and announces the new version of the Child Protection Policy to employees.
Final provisions
1. The Child Protection Policy enters into force on 15.08.2024. 4 Penal Code art. 160 par.1 and 2; art. 210 par.1, Code of Misdemeanors art. 106 13 The Child Protection Policy is made available to all employees by posting it on the Hotel Trofana Wellness & SPA website and at the hotel reception
2. The Child Protection Policy is made available to adult guests of Hotel Trofana Wellness & SPA by posting it on the Hotel Trofana Wellness & SPA website and at the hotel reception
3. The Child Protection Policy is provided in a version understandable and shortened for children staying at Hotel Trofana Wellness & SPA by placing it on the website and in a place accessible and visible to them at the hotel reception
CHILD PROTECTION POLICY at Hotel Trofana Wellness & SPA in Międzyzdroje
Trofana spółka z.o.o., ul. Zdrojowa 9, Międzyzdroje 72-500
shortened version for children
Out of concern for the welfare of children and youth, we have introduced a Child Protection Policy at our Hotel. You can obtain the full text from hotel staff upon request. Below we present a summary written to make it easier for you to understand.
1. At our Hotel we train our staff so that they try to ensure the safety of children staying at the Hotel. They are taught how to recognize situations when you might be harmed and how to respond appropriately. We have developed appropriate procedures in this regard. Each of our employees has been acquainted with the Child Protection Policy and undergoes periodic training to ensure your safety. Every Guest, including a child, has the right to be treated with respect and with regard to their dignity and needs. Our staff will try to care for your comfort and safety not only when you report a problem, but also when they notice something worrying.
2. At our Hotel we ensure we have the best possible staff, including for caring for our youngest Guests. Every person employed directly to work with children in our Hotel must demonstrate that they have not harmed children in the past. We complete all formalities to ensure our employees are trustworthy to work with children.
3. The Coordinator for the Child Protection Policy in our Hotel is Karolina Sadka. The Coordinator is the person responsible for effectively implementing the Child Protection Policy. Remember, however, that you can report any problems to any employee of our Hotel.
4. Children staying at our Hotel will be treated with respect and consideration for their dignity and needs. It is unacceptable for employees and other persons, including adults, to use any form of violence against a child. Remember that violence is not only physical violence but also psychological violence and sexual exploitation. No one has the right to hit you, not even your parents.
5. If you think you are being harmed, regardless of who is harming you, tell the nearest Hotel employee who will take action to provide you with help. If you do not like someone’s behavior, also tell us about it.
6. If you feel something strange is happening, for example someone is watching you or taking pictures of you, inform a Hotel employee who will take action to help you. If you are afraid of someone or something, also tell our staff.
7. If anything bad has happened to you because of any Hotel employee, inform another Hotel employee, e.g., the reception staff. We have procedures in place for this as well. If you feel strange or unwell, also inform the staff.
8. After reporting something bad to an employee, follow their instructions. We have special procedures for dealing with different situations. The employee knows what to do and will try to provide you with appropriate help.
9. A Hotel employee may ask you for an identity document or take other actions to establish your details. This is not wrong; employees need to know such things to better protect you. Sometimes situations may occur where a child is taken somewhere unlawfully or against their will. As a Hotel we must check that you are under proper care.
"Standards were developed based on templates provided by the Foundation ‘We Give Power to Children’ (Fundacja „Dajemy Dzieciom Siłę"). Please visit the Foundation’s page on this subject: https://standardy.fdds.pl/".