Standards for the Protection of Minors at Santa Natura Resort & SPA
Preamble
Considering the legal obligation resulting from the provisions of the Act of May 13, 2016, on counteracting threats of sexual crimes and protecting minors as well as the content of the United Nations guidelines on business and human rights, recognizing the important role of business in ensuring respect for children's rights, Santa Natura Resort & SPA 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 Santa Natura Resort & SPA is being harmed and preventing 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 Santa Natura Resort & SPA are implemented based on the principles listed below:
1. Santa Natura Resort & SPA conducts its operational activities with respect for the rights of children as persons particularly vulnerable to harm.
2. Santa Natura Resort & SPA recognizes its role in conducting socially responsible business and promoting desirable social attitudes.
3. Santa Natura Resort & SPA particularly emphasizes the importance of the legal and social duty to notify law enforcement authorities of any suspected offence against children and commits to training its employees in this regard.
Glossary
For the purposes of this document, the meaning of the following terms has been specified:
1. Tourist facilities – hotel facilities and other facilities where hotel services as defined in the Act of August 29, 1997, on hotel services and services of tour guides and tour leaders are provided.
2. Child/minor – for the purposes of these standards, a child is any person under 18 years of age.
3. Child's guardian – the legal representative of the child: parent or guardian; foster parent; temporary guardian (i.e., a 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 – is understood as behavior that may constitute the commission of a prohibited act to the detriment of the child by any person, including an employee of the entity, or a threat to the child's welfare, including neglect; any intentional or unintentional act/omission by an individual, institution or society as a whole and any result of such action or inaction that violates the rights, freedoms, and personal interests 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 or potential threat thereof to the child. This harm occurs as a result of action or inaction by a parent or other person responsible for the child, or the child trusts or who has authority over the child. Physical violence against a child may be repetitive or a one-time act.
●Psychological violence against a child is a chronic, non-physical, harmful interaction between the child and the caregiver, including both actions and omissions. It includes, among others: emotional unavailability, emotional neglect, hostile relationship with the child based on blame, denigration, rejection, developmentally inappropriate or inconsistent interactions with the child, failure to recognize individuality of the child and psychological boundaries between parent and child.
●Sexual exploitation of a child means involving a child in sexual activity which the child is unable to fully understand and give informed consent to and/or is not developmentally mature and cannot legally consent and/or which is contrary to the legal or customary norms of the society. Sexual exploitation occurs when such activity takes place between a child and an adult or a child and another child if these persons remain in a relationship of care, dependence, or authority due to age or developmental level. Sexual exploitation can also take the form of sexual abuse, i.e., any actual or attempted abuse of a position of vulnerability to threats, power advantage, or trust for sexual purposes, including but not limited to financial, social, or political gains from sexually exploiting another person. The risk of sexual exploitation is especially present during humanitarian crises. The risk of exploitation exists for both children and their caregivers (definition according to UN Bulletin ST/SGB/2003/13).
●Neglect of a child means chronic or occasional failure to meet the child's basic physical and psychological needs and/or disregard of their basic rights causing health disorders and/or developmental difficulties. Neglect occurs in the relationship between a child and a person obliged to care, educate, nurture and protect the child.7. Crime against a child – all crimes that can be committed against adults, plus 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 easily be achieved, the crimes most likely to occur on their premises are crimes against sexual freedom and decency, including rape (Art. 197 PC), sexual abuse of incapacity and helplessness (Art. 198 PC), sexual abuse of dependence or critical position (Art. 199 PC), sexual abuse of a person under 15 years (Art. 200 PC), grooming (enticement of a minor through remote communication means - Art. 200a PC).
8. Other forms of child abuse than committing a crime against the child – all forms of violence used against a child which do not meet the criteria of a crime prosecuted by public indictment (e.g., shouting, humiliating, grabbing, insulting, neglecting needs, etc.).
9. Employee – a person employed under an employment contract or working under a similar contract (e.g., mandate, B2B, contract for specific work), as well as interns, trainees, volunteers, etc.
10. An employee working with children is any person performing or delegated to perform tasks related to upbringing, education, recreation, treatment, providing psychological counseling, spiritual development, practicing sports or other interests by minors or caring for them.
11. Entrepreneur – the body/entity/person managing a given facility or network of facilities, responsible for the proper formal functioning of the facility.
CHAPTER I. FACILITY EMPLOYEES
General principles
1. Santa Natura Resort & SPA commits to educating its employees about circumstances indicating that a child staying at the facility may be harmed and on ways to quickly and appropriately respond to such situations. The facility can carry out this education through various training forms, e.g., external training, internal training, e-learning, educational materials developed by the hotel and available to employees, and free educational materials developed by other organizations.
2. Every employee, before starting work, is acquainted with the SOM, which is confirmed by signing a statement and committing to comply with the principles and procedures contained in this document.
3. Employees hired to work with children undergo cyclical training, which is documented by the employer.
4. Santa Natura Resort & SPA undertakes to consider the situation of children with disabilities and children with special educational needs by adapting guidelines to the specifics and scope of the facility's operation.
Employment of persons to work with children
1. Persons working with children must demonstrate in their employment history that they have not harmed any child in the past.
2. Every person employed/delegated by Santa Natura Resort & SPA to work with children must be mandatorily checked in the Register of Sexual Offenders. This also applies to underage employees, i.e., under 18 years of age. The check is done by printing out the search results from the restricted-access Register, which is then placed in the personal files of the checked person.
3. In addition, every person employed/delegated to work with children must provide information from the National Criminal Register regarding offences specified in Chapters XIX and XXV of the Penal Code, Articles 189a and 207 of the Penal Code, and in the Act of July 29, 2005, on counteracting drug addiction (Journal of Laws 2023, item 172 and 2022, item 2600), or equivalent prohibited acts defined in the legislation of a foreign country.
4. If the person employed/delegated has a nationality other than Polish, they should also submit information from the criminal register of the country of which they are a citizen, obtained for professional or volunteer activities involving contact with children, or information from the criminal register if the country's law does not provide such information for the stated purposes.
5. A statement about the country/countries of residence within the last 20 years, other than the Republic of Poland and the country of citizenship, must also be obtained from the employed/delegated person under criminal liability.
6. If the law of the country providing the information on criminal record does not provide for issuing such information or does not maintain a criminal register, the employed/delegated person must declare this fact under criminal liability.
7. The declarations made under criminal liability include the following statement: "I am aware of the criminal liability for making a false statement." This statement replaces the legal warning about criminal liability for making a false statement.
8. In case of using external entities' services, the facility should include an appropriate provision in the contract with this entity, enabling enforcement of the appropriate standard regarding the verification of the entity's employees concerning their safety for children. This provision shall allow the facility to control compliance with the obligation under the penalty of immediate contract termination and contractual penalties or other sanctions for non-compliance with the contract terms in this regard.
Scope of competencies and responsibilities of persons designated to implement the Standards for the Protection of Minors
1. Supervision over the application of SOM is carried out by the Entrepreneur.
2. The Entrepreneur appoints a SOM coordinator (hereinafter referred to as the "Coordinator").
3. The Coordinator is responsible for familiarizing employees with the SOM content and monitoring their application at Santa Natura Resort & SPA.
4. The Coordinator organizes and documents the employee education process on recognizing symptoms that a child staying at the facility may be harmed and ways of quick and appropriate response, according to procedures adopted by the facility.
5. The Coordinator records every intervention or reported incident related to child harm on the facility premises in a document created for this purpose (e.g., incident log or intervention register).
6. In case of justified suspicion that a crime has been committed, the Coordinator is responsible for securing evidence, including surveillance recordings, and providing them upon request of the authorities by registered mail or personally to the prosecutor or police.
7. The Coordinator is responsible for conducting procedures when a child has been harmed by a facility employee or another adult not directly employed by Santa Natura Resort & SPA but by a third party.
8. The Coordinator is responsible for monitoring and updating the SOM and their availability for employees, guests, and other entities cooperating with the facility.
9. The Coordinator’s contact details are available to all employees and guests of the facility, including children. The data must include information on how to contact the Coordinator (email address, phone, availability: days and working hours).
Principles of safe employee-child relationships
1. All employees of Santa Natura Resort & SPA, as well as other adults who have contact with children on the premises with the facility's consent, are obliged to apply the following rules.
2. The fundamental principle of all actions taken by employees having contact with children at Santa Natura Resort & SPA is to treat the child with respect, considering 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 of employees
●In communication with the child, maintain patience and respect.
●Listen carefully to the child and provide responses appropriate to their age and situation. When communicating with the child, try to keep your face at the child's face level.
●Assure 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 SOM are located in a version understandable to them. Assure them that if they have questions, they can approach you or another designated person.
●Ensure equal treatment of children regardless of their gender, sexual orientation, disability/ability, social, ethnic, cultural, religious status, or worldview.
●Ensure a safe environment. If children are in the area you work in, make sure equipment and furnishings are used as intended, and the surroundings are safe (pay attention to window and stair protections, 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 by employees towards children in the facility
●You must not shout at, embarrass, humiliate, neglect, or insult the child.
●You must not hit, push, shove, or in any way violate the child's physical integrity unless there is a threat to the child's health or life.
●You must not establish any romantic or sexual relationships with the child or make inappropriate proposals. This also includes sexual comments, jokes, gestures, and sharing erotic and pornographic content with children regardless of form.
●You must not record or photograph the child for private or official purposes without the consent of the child's parents/guardians and the child themselves. 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 an assembly, landscape, public event, where parental/guardian consent is not required.
●You must not contact the child through private communication channels (private phone, email, messengers, social media profiles) or meet the child outside the workplace.
●You must not offer the child alcohol, tobacco products, or illegal substances.
●Never touch the child if they do not want it or in a manner that may be considered indecent or inappropriate.
If you witness any of the behaviors or situations described above by other adults or children, always inform the person responsible at the facility for implementing and monitoring the SOM or your immediate supervisor.
CHAPTER II. PROCEDURE FOR IDENTIFYING A CHILD DURING RECEPTION REGISTRATION
1. One of the effective forms of preventing child abuse is to establish the identity of the child staying at the facility and their relationship to the adult accompanying them.
2. The receptionist takes all possible steps to identify the child and their relationship with the accompanying adult.
3. To identify the child and their relationship with the accompanying person, you must:
a. request the child's identity document or another document confirming that the adult has the right to care for the child. Examples of documents useful for identification include: identity card, school ID, mObywatel app, Internet Patient Account, court decision. If no identity document is presented or it is refused, ask for the child’s details (name, surname, address, PESEL number).
b. If no documents confirm kinship between the child and the adult or the adult refuses to show them, ask about the relationship to the adult and the child.
c. If the adult is not the child's parent or legal guardian, they should be asked to show a document such as a notarial consent from the parent to travel with the child or written consent from the parent, including child's data, address, parent's contact number, and ID/PESEL of the person entrusted with care. If the adult has none of these documents, they should fill out a statement prepared by the facility including child and adult details, and the relationship between them. If the adult is not the parent or legal guardian, they must declare that the parents/legal guardians have 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 ensures the safety of children using Santa Natura Resort & SPA and that, according to the May 13, 2016 act, employees must comply with child rights provisions. After a positive explanation, thank them for the time spent ensuring the child is in good care.
5. If the conversation does not dispel doubts about suspicion against the adult and their intent to harm the child, especially if they refuse to show ID or the child has no such document or refuses to provide a written declaration, discreetly inform the supervisor and security staff (if present) without arousing suspicion (e.g., ask the adult to wait with the child in the lobby, restaurant, or another place citing the need to use backstage equipment).
6. From the moment first doubts arise, the child and the adult should, if possible, be within the employee's sight and not be left alone.
7. The supervisor informed of the situation takes over the conversation with the adult to obtain further explanations.
8. If the conversation confirms suspicion of an attempt or commission of a crime against the child, the supervisor notifies the police. The procedure for circumstances indicating child harm (see Chapter III) applies.
9. If employees of other departments witness unusual and/or suspicious situations (cleaning service, room service, bar and restaurant staff, relaxation zone, security, etc.), they should immediately inform the supervisor or, in their absence, the decision-maker who will take appropriate actions (see points 7 and 8 above). 10. Depending on the situation and place, the supervisor verifies the validity of the suspicion of child abuse. Appropriate measures leading to clarifying the situation are selected or a decision is made to intervene and notify the police.
CHAPTER III. PROCEDURE IN CASES INDICATING CHILD ABUSE BY AN ADULT
1. Justified suspicion of child abuse exists when:
a. a child discloses to the facility employee the fact of being harmed,
b. an employee observes the abuse,
c. a child has visible signs of abuse (e.g., scratches, bruises), and when asked responds inconsistently and/or chaotically or becomes embarrassed, or other circumstances indicate abuse, e.g., finding pornographic materials involving children in the room of an adult.
2. An employee who has justified suspicion that a child staying at the facility is or has been harmed should immediately notify the supervisor/decision-maker who informs the police. In case of an existing threat to the child's safety, the employee should immediately call 112, describe the circumstances, and also inform the SOM Coordinator of Santa Natura Resort & SPA about the incident.
3. Efforts should be made to prevent or hinder the departure of the child and suspected abuser from the facility.
4. In cases specified in the Code of Criminal Procedure, a citizen's arrest of the suspected person may be performed. Until the police arrive, 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 all cases, the child's safety must be ensured. The child should, if possible, stay under employee supervision until the police arrival. Support for the child should be attempted when possible.
6. In case of justified suspicion of a crime related to the child's contact with the perpetrator's biological material (semen, saliva, skin), the child should not wash or eat/drink until the police arrive. The child should be explained the reason for such restrictions.
7. After the police take over the child, the monitoring footage and other relevant evidence (e.g., documents) relating to the incident must be secured and handed to the Coordinator, who will provide a copy to the authorities upon their request by registered mail or personally to the prosecutor or police.
8. After intervention, the incident must be reported to the Coordinator, who records it in the incident log or another designated document.
CHAPTER IV. PROCEDURE IN CASE OF SUSPECTED OR CONFIRMED CHILD ABUSE BY AN EMPLOYEE OR ANOTHER ADULT
1. In case of suspected child abuse by an employee or another adult not directly employed by Santa Natura Resort & SPA but by a third party, the person who received this information should immediately inform the Coordinator or, in their absence, another designated person.
2. If the child's life or health is at risk, the person who received the information should immediately call 112, providing their data, the child's data (if possible), child's location, and a description of the circumstances, and inform the supervisor/decision-maker, who informs the child's parents/guardians. The person who received the information also informs the Coordinator at least via email or in writing.
3. If an employee has subjected a child to abuse other than a crime, the Coordinator should investigate all circumstances, especially by interviewing the suspected employee and other witnesses. If the child's welfare is significantly violated, especially when discrimination or violation of dignity occurs, the Coordinator should recommend appropriate personnel actions to the entity managing the facility toward that employee.
4. If the person who committed the abuse is not employed directly by Santa Natura Resort & SPA but by a third party (e.g., outsourcing), a ban on their entry to the facility should be recommended, and if necessary, the contract with the third party should be terminated.
CHAPTER V. PROCEDURE IN CASE OF CONFIRMATION OF OTHER FORMS OF VIOLENCE AGAINST A CHILD BY A PARENT/LEGAL GUARDIAN OR ANOTHER ADULT
1. In case of confirmed child abuse by a parent/legal guardian or another adult with whom the child stays at the facility, every employee witnessing such abuse should react firmly.
2. If the child's life or health is at risk, the person who received the information should immediately call 112, providing their data, child's data (if possible), child's location, description of circumstances, and inform the supervisor/decision-maker. The person who received the information also informs the Coordinator at least by email or in writing.
3. If an employee witnesses physical violence against a child (slaps, grabbing, shouting, other forms listed in the physical violence definition), they should try to stop the abuse and react.
4. In case a child under 7 years old is left unattended, the employee who received this information should inform the supervisor. The supervisor decides on further action considering circumstances and criminal and misdemeanour code provisions. Depending on this, the supervisor tries to find the parent/legal guardian or another adult with whom the child stays and explains that leaving the child unattended is not allowed. If finding the parent/legal guardian or another adult is impossible or they refuse/incapable of caring for the child, the supervisor informs the police. The child's safety must always be ensured.
CHAPTER VI. MONITORING AND EVALUATION OF THE STANDARDS FOR THE PROTECTION OF MINORS
1. The Entrepreneur appoints a Coordinator responsible for the Standards for the Protection of Minors applied in Santa Natura Resort & SPA and places their contact details in a place easily accessible to employees and hotel guests, including children.
2. The Entrepreneur defines the scope of tasks and competencies of the Coordinator regarding the preparation of employees to apply the SOM provisions, principles of employee preparation, and the method of documenting these activities.
3. The Coordinator referred to in the previous point conducts monitoring and evaluation of SOM every two years.
4. Monitoring and evaluation include verification of the Standards implementation, responding to signals of violation of principles and procedures, and proposing changes to the document, especially to adapt to current needs and compliance with applicable regulations.
5. The Coordinator conducts among Santa Natura Resort & SPA employees, every two years, a survey monitoring the level of SOM implementation.
6. In the survey, employees may propose changes and indicate violations of SOM principles and procedures at the facility.
7. The Coordinator processes the surveys completed by employees, prepares a monitoring report based on them, which is then submitted to the Entrepreneur. The Entrepreneur introduces necessary changes to the document and announces the new wording of the Standards for the Protection of Minors to employees.
CHAPTER VII. FINAL PROVISIONS
1. The policy comes into effect on August 15, 2024.
2. The hotel makes the Standards available on its website and on the information board or at the reception.
