Standards for the protection of minors
Gołębia 8 Residence, ul. Gołębia 8 w Krakowie

Standards for the protection of minors
Gołębia 8 Residence, ul. Gołębia 8 w Krakowie

Preamble

Taking into account the legal obligation arising from the provisions of the Act of May 13, 2016, on Counteracting Sexual Crime Threats and Protecting Minors, as well as the content of the United Nations guidelines on business and human rights, recognizing the significant role of business in ensuring respect for children's rights, Gołębia 8 Residence adopts the Standards for the Protection of Minors (also referred to as "SOM," "Standards"). This document constitutes a set of principles and procedures applied in case of suspicion that a child staying at Gołębia 8 Residence is being harmed and in preventing such threats, considering the situation of disabled children and children with special educational needs.

The Standards for the Protection of Minors at Gołębia 8 Residence are implemented based on the following principles:

1. Gołębia 8 Residenceconducts its operational activities with respect for children's rights as individuals particularly vulnerable to harm.

2. Gołębia 8 Residence recognizes its role in conducting socially responsible business and promoting desirable social attitudes.

3. Gołębia 8 Residence particularly emphasizes the importance of the legal and social obligation to notify law enforcement authorities of any 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 - hotel facilities and other establishments providing hotel services as defined in the Act of August 29, 1997, on hotel services and tour guide services.

2. Child/minor - for the purposes of these standards, a child is any person under the age of 18.

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 Ukrainian citizen who is in the territory of the Republic of Poland without adult supervision).

4. Stranger adult- any person over the age of 18 who is not the child's parent or legal guardian.

5. Child abuse- 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 endanger the child's welfare, including neglect; any intentional or unintentional action/inaction by an individual, institution, or society as a whole and any result of such action or inaction that violates children's rights, freedoms, and personal welfare and/or disrupts their optimal development.

6. Forms of child abuse:

• Physical violence against a child - violence that results in actual physical harm or potential threat to the child. This harm occurs as a result of action or inaction by the parent or another person responsible for the child, or whom the child trusts, or who has authority over the child. Physical violence against a child can be repetitive or a one-time act.

• Psychological violence against a child - chronic, non-physical, harmful interaction between the child and the caregiver, including both actions and omissions. This includes, among others: emotional unavailability, emotional neglect, a relationship with the child based on hostility, blame, denigration, rejection, developmentally inappropriate or inconsistent interactions with the child, failure to recognize or acknowledge the child's individuality and psychological boundaries between the parent and child.

• Sexual exploitation of a child- involving a child in sexual activity that they cannot fully understand and give informed consent to and/or that they are not developmentally mature for and cannot legally consent to and/or that is against the legal or social norms of a given society. Sexual exploitation occurs when such activity happens between a child and an adult or another child, if these individuals are in a care, dependency, or authority relationship due to age or developmental stage. Sexual exploitation can also take the form of sexual exploitation, i.e., any actual or attempted abuse of a position of vulnerability, power, or trust for sexual purposes, including, but not limited to, financial, social, or political gain from the sexual exploitation of another person. There is a particular risk of sexual exploitation during humanitarian crises. The risk of exploitation exists for both children and their guardians (definition by UN Bulletin ST/SGB/2003/13).

• Neglect of a child- chronic or incidental failure to meet the child's basic physical and psychological needs and/or respect their basic rights, causing health disturbances and/or developmental difficulties. Neglect occurs in the relationship between the child and the person obligated to care, raise, nurture, and protect the child.

7. Crime against a child - all crimes that can be committed against adults, and additionally crimes that can be committed exclusively against children (e.g., Sexual exploitation under Article 200 of the Penal Code). Due to the specificity of accommodation facilities, where isolation is easily possible, the most frequent crimes on their premises will be crimes against sexual freedom and decency, especially rape (Article 197 of the Penal Code), sexual exploitation of incapacity and helplessness (Article 198 of the Penal Code), sexual exploitation of dependence or critical position (Article 199 of the Penal Code), sexual exploitation of a person under 15 years of age (Article 200 of the Penal Code), grooming (seducing a minor using means of remote communication - Article 200a of the Penal Code).

8. Other forms of child abusethan committing a crime to their detriment - all forms of violence against a child that do not meet the criteria of a publicly prosecuted crime (e.g., yelling, humiliating, shaking, insulting, neglecting needs, etc.).

9. Employee- a person employed under an employment contract or performing work based on a similar agreement (e.g., contract, B2B, work agreement), as well as an intern, trainee, volunteer, etc.

10. Employee employed to work with children- any person performing tasks or delegated to perform tasks related to the upbringing, education, recreation, treatment, provision of psychological counseling, spiritual development, sports, or other interests of minors, or caring for them.

11. Entrepreneur- the body/entity/person managing a given facility or network of facilities, responsible for the proper functioning of the facility in formal terms.

Chapter I. Facility Employees

General Principles

1. Gołębia 8 Residencecommits to educating its employees on circumstances indicating that a child staying in the facility may be harmed and on ways to quickly and appropriately respond to such situations. The facility can implement the mentioned education through various training forms, 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 familiarized with SOM, which is confirmed by signing a statement and committing to adhering to the principles and procedures contained in this document.Appendix No. 1

3. Employees employed to work with children undergo cyclical training, which is documented by the employer.

4. Gołębia 8 Residence commits to considering the situation of children with disabilities and children with special educational needs, adapting the guidelines fromAppendix No. 12 to the specifics and scope of the facility's operation.

Hiring People to Work with Children

1. People working with children must demonstrate in their employment history that they have never harmed a child in the past.

2. Every person employed/delegated by Gołębia 8 Residence to work with children must be checked in the Register of Sexual Offenders. This also applies to minor employees, i.e., under 18 years of age. Checking the person in the Register is done by printing the search results from the restricted access Register, which is then placed in the personal files of the person checked. The scope of personal data necessary to check a person in the Register is found inAppendix No. 3.

3. Additionally, each person employed/delegated to work with children must provide information from the National Criminal Register concerning crimes specified in chapters XIX and XXV of the Penal Code, in Articles 189a and 207 of the Penal Code, and in the Act of July 29, 2005, on counteracting drug addiction (Journal of Laws of 2023, item 172 and of 2022, item 2600), or for corresponding prohibited acts specified in foreign law provisions.

4. If the person employed/delegated has citizenship other than Polish, they should also provide information from the criminal register of the country of which they are a citizen, obtained for professional or volunteer activities related to contact with children, or information from the criminal register if the law of that country does not provide for issuing information for the aforementioned purposes.

5. The person employed/delegated should also submit a statement about the country/countries of residence in the last 20 years, other than the Republic of Poland and the country of citizenship, made under criminal liability.Appendix No. 4

6. If the law of the country from which the information on the absence of a criminal record is to be provided does not provide for issuing such information or does not keep a criminal register, the employed/delegated person makes a statement to this effect under criminal liability.Appendix No. 5

7. Under statements made under criminal liability, a statement is made as follows: "I am aware of criminal liability for making a false statement." This statement replaces the authority's instruction on criminal liability for making a false statement.

8. When using external entities' services, the facility should include an appropriate provision in the contract with this entity that will enable the enforcement of the appropriate standard in terms of checking employees by this entity for their safety towards children. The provision will allow the facility to control the fulfillment of the obligation under the penalty of immediate termination of the contract and a contractual penalty or other sanctions related to non-compliance with the contract conditions 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 the SOM coordinator (hereinafter referred to as the "Coordinator").

3. The Coordinator is responsible for familiarizing employees with the content of SOM and monitoring their application atGołębia 8 Residence.

4. The Coordinator organizes and documents the process of educating employees on recognizing symptoms that a child present on the premises may be being harmed and on how to respond quickly and appropriately to such situations, in accordance with the procedures adopted by the facility.

5. The Coordinator documents every intervention or reported incident related to the harm of a child on the premises in a document created for this purpose (e.g., event log or intervention register).

6. In case of a justified suspicion that a crime has been committed, the Coordinator is responsible for securing evidence, including surveillance recordings, and providing them to the authorities upon request in the form of copies sent by registered mail or delivered personally to the prosecutor or police.

7. The Coordinator is responsible for conducting procedures in situations where a child has been harmed by an employee of the facility or another adult who is not directly employed byGołębia 8 Residence but by a third party.

8. The Coordinator is responsible for monitoring and updating SOM and ensuring their availability to 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 contact details must include information on how to reach the Coordinator (email address, phone number, availability: days and working hours).

Principles of Safe Employee-Child Relations

1. All employees ofGołębia 8 Residence are required to follow the principles outlined below, as well as anyother adults who come into contact with children on the premises, provided this contact is authorized by the facility.

2. The primary principle of all actions taken by employees in contact with children present atGołębia 8 Residence is to treat the child with respect and consider their dignity and needs.

3. It is unacceptable for employees and other adults to use any form of violence against a child.

1. Expected Behaviors and Practices from Employees

• Communicate with the child patiently and respectfully.

• Listen attentively to the child and provide responses appropriate to their age and the situation. When communicating with the child, try to be at the child's eye level.

• Assure the child that if they feel uncomfortable with 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. Ensure that if they have any questions, they can come to you or another designated person.

• Ensure equal treatment of children regardless of their gender, sexual orientation, ability/disability, social status, ethnic, cultural, religious, and worldview backgrounds.

• Ensure a safe environment. If children are present in the area where you work, make sure that equipment and furnishings are used appropriately and that the environment is safe (pay attention to window and stair security, limited access to busy roads, open water, etc.).

• If you see a child/children left unattended and the situation suggests a potential threat to the child's safety, take action to find the parent/guardian.

2. Prohibited Behaviors and Practices from Employees Towards Children on the Premises

• You must not shout at, shame, humiliate, ignore, or insult the child.

• You must not hit, push, shove, or in any way violate the child's physical integrity, except in cases where the child's health or life is at risk.

• You must not engage in any romantic or sexual relationships with the child or make inappropriate propositions to them. This includes sexual comments, jokes, gestures, and sharing erotic or pornographic content with children in any form.

• You must not record the child's image for private or professional purposes (recording, photographing) without the consent of the child's parents/guardians and the child themselves. This also applies to enabling third parties to record images of children. An exception is when the child's image is only an incidental detail of a larger scene, such as a gathering, landscape, public event, in which case the parent's/guardian's consent is not required.

• You must not contact the child through private communication channels (private phone, email, messengers, social media profiles) or meet with the child outside of 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 could be considered inappropriate or indecent.

If you witness any of the behaviors and/or situations described above from other adults or children, always inform the person responsible for implementing and monitoring SOM in the facility or your direct supervisor:Michał Odrowąż-Sypniewski, Paulina Szumiec, tel. +48 784 944 865, e-mail:manager@golebia8residence.com 

CHAPTER II. PROCEDURE FOR IDENTIFYING A CHILD DURING REGISTRATION AT RECEPTION

1. One effective way to prevent child abuse is to establish the identity of a child staying in the facility and their relationship with the adult accompanying them.

2. Reception staff should take all possible steps to identify the child and their relationship with the accompanying adult.

3. To identify the child and their relationship with the person they are staying with in the facility, the following steps should be taken:

   1. Request the child's identification document or another document confirming that the adult has the right to care for the child. Example documents for identification may include: ID card, school ID, MObywatel app, Internet Patient Account, court ruling. If an identification document is not available or the adult refuses to present it, request the child's details (name, surname, address, PESEL/document number).

   2. In the absence of documents indicating the relationship between the child and the adult or refusal to present them, ask the adult and the child about their relationship. A sample conversation script with the adult and child is provided in Annex 2.

   3. If the adult is not the parent or legal guardian of the child, they should be asked to present a document, such as a notarized parental consent for the person to travel with the child or a consent signed by the child's parent, specifying the child's details, residential address, contact phone number for the parent, and the ID/PESEL number of the person entrusted with the child's care.

If the adult does not have any of the above documents, ask them to complete an appropriate declaration, following the template prepared by the facility. The declaration should include the child's details and the adult's details, indicating the relationship between the child and the adult. If the adult is not the child's parent or legal guardian, they should declare that the parents/legal guardians have consented to the care of the child.

4. If the adult refuses to present the child's document and/or indicate the relationship, explain that the procedure is to ensure the safety of children staying at Gołębia 8 Residence and that, according to the Act of May 13, 2016, the facility's employees must comply with child rights regulations. After positively resolving the matter, thank them for their time ensuring the child is in good hands.

5. If the conversation does not dispel doubts about the adult and their intentions towards the child, especially if they refuse to present an ID or if the child does not have such a document and refuses to submit a written statement, discreetly inform the supervisor and security staff (if present at the facility) in a manner that does not arouse suspicion (e.g., mention the need to use back-office equipment, asking the adult to wait with the child in the lobby, restaurant, or another area).

6. From the moment the first doubts arise, both the child and the adult should, as much as possible, remain within the employee's sight and should not be left alone.

7. The supervisor, once informed of the situation, takes over the conversation with the adult to obtain further clarification.

8. If the conversation confirms suspicions of an attempt or commission of a crime against the child, the supervisor notifies the police. The procedure then follows as in the case of circumstances indicating harm to the child (see Chapter III).

9. If employees from other departments, such as housekeeping, room service, bar and restaurant staff, relaxation area staff, security, etc., witness unusual and/or suspicious situations, they should immediately inform their supervisor, or in their absence, the decision-maker who will take appropriate action (see points 7 and 8 above).

10. Depending on the situation and location, the supervisor verifies how justified the suspicion of child harm is. To this end, they select appropriate measures to clarify the situation or decide to intervene and notify the police.

CHAPTER III. PROCEDURE IN CASE OF CIRCUMSTANCES INDICATING CHILD ABUSE BY AN ADULT

1. Reasonable suspicion of child abuse arises when:

1. The child reveals the fact of abuse to a facility employee.

2. The employee observes the abuse.

3. The child has visible signs of abuse (e.g., scratches, bruises), and when asked, responds inconsistently and/or chaotically, becomes embarrassed, or there are other circumstances indicating abuse, such as finding child pornography materials in the adult's room.

2. An employee who has reasonable suspicion that a child staying in the facility is or has been abused should immediately notify the supervisor/decision-maker, who will inform the police. If there is animminent threat to the child's safety, the employee who suspects child abuse should immediately call the police by dialing 112 and describing the circumstances of the incident. Regardless, the employee should inform the Coordinator ofGołębia 8 Residence about the incident.

3. Efforts should be made to hinder or even prevent the child and the suspected abuser from leaving the facility. 

4. In the situation specified in the Code of Criminal Procedure, a citizen's arrest of the suspected abuser can be made. Until the police arrive, the detained person should remain under the supervision of security staff or other hotel employees who can carry out such actions without risking their health or life.

5. In every case, the child's safety must be ensured. The child should, as far as possible, remain under the care of an employee until the police arrive. If possible, an attempt should be made to support the child(see Annex 10).

6. If there is reasonable suspicion that a crime involving contact between the child and the perpetrator's biological material (semen, saliva, skin cells) has been committed, the child should not wash, eat, or drink until the police arrive. The child should be explained why such restrictions are applied.

7. After the police take over the child, the surveillance footage and other relevant evidence (e.g., documents) related to the incident should be secured and handed over to the Coordinator, who will send copies by registered mail or personally to the prosecutor or police upon request.

8. After the intervention, the incident should be reported to the Coordinator, who will record it in the event log or another document designated for this purpose.

CHAPTER IV. PROCEDURE IN CASE OF SUSPECTED OR CONFIRMED CHILD ABUSE BY AN EMPLOYEE OR ANOTHER ADULT 

1. In the case of suspected child abuse by an employee or another adult not directly employed byGołębia 8 Residence but by a third party, the person who obtained this information should immediately inform the Coordinator, or in their absence, another person designated for this purpose.

2. If the child's life or health is at risk, the person who learned about the incident should immediately notify the police by calling the emergency number 112, providing their own details, the child's details (if possible), the child's location, and a description of the circumstances, and inform the supervisor/decision-maker, who will notify the child's guardians/parents. The person who learned about the incident should also inform the Coordinator, at least in written/email form.

3. If an employee has committed a form of abuse against the child other than a crime, the Coordinator, upon receiving the information, should investigate all the circumstances, particularly by hearing the employee suspected of abuse and other witnesses. If the violation of the child's welfare is significant, especially if there has been discrimination or a violation of the child's dignity, the Coordinator should recommend appropriate personnel actions to the facility manager against the employee.

4. If the person who committed the abuse is not directly employed byGołębia 8 Residence but by a third party (e.g., outsourcing), a ban on their entry to Gołębia 8 Residence should be recommended, and if necessary, the contract with the third party should be terminated.

CHAPTER V. PROCEDURE IN CASE OF DETERMINING OTHER FORMS OF VIOLENCE AGAINST A CHILD BY A PARENT/LEGAL GUARDIAN OR ANOTHER ADULT

1. In the case of determining child abuse by a parent/legal guardian or another adult with whom the child is staying at the facility, any employee witnessing such abuse should react firmly.

2. If the child's life or health is at risk, the person who becomes aware of the situation should immediately notify the police by calling the emergency number 112, providing their own details, the child's details (if possible), the child's location, and a description of the circumstances. They should also inform the supervisor/decision-maker. The person who becomes aware of the incident should also inform the Coordinator, at least in written/email form.

3. If a facility employee witnesses physical violence against a child (slapping, pulling, shouting, other forms listed in the definition of physical violence), they should try to stop the abuse and respond. Possible forms and ways of responding to harmful behaviors by the parent/guardian/another adult towards the child are provided inAnnex 11.

4. If a child under 7 years old is left unattended, the employee who learns about the incident should inform the supervisor. The supervisor, who has been notified of the situation, decides on the further course of action, taking into account the circumstances and considering the context of the provisions of the Penal Code and the Code of Misdemeanors. Depending on the situation, the supervisor attempts to find the parent/legal guardian or another adult with whom the child is staying in the facility and explains that the child cannot be left unattended. If finding the parent/legal guardian or another adult with whom the child is staying in the facility is not possible, or the parent/legal guardian/another adult is unwilling or unable to take care of the child, the supervisor notifies the police. In every case, the child's safety must be ensured.

CHAPTER VI. MONITORING AND EVALUATION OF CHILD PROTECTION STANDARDS

1. The entrepreneur appoints a Coordinator responsible for the Child Protection Standards applied at Gołębia 8 Residence and places their contact information in an easily accessible location for employees and hotel guests, including children.

2. The entrepreneur defines the scope of tasks and competencies of the Coordinator in preparing employees to apply the Child Protection Standards (CPS), the principles of preparing employees for their application, and the method of documenting these activities.

3. The Coordinator, mentioned in the preceding point, conducts monitoring and evaluation of CPS every two years.

4. Monitoring and evaluation include verifying the implementation of the Standards, responding to signals of violations of the principles and procedures, and proposing changes to the document, especially to adapt them to current needs and ensure compliance with applicable regulations.

5. The Coordinator conducts a survey among Gołębia 8 Residence employees every 2 years to monitor the level of CPS implementation. The survey template is provided in Annex 6.

6. In the survey, employees can propose changes and indicate violations of the CPS principles and procedures at the facility.

7. The Coordinator compiles the surveys filled out by employees and prepares a monitoring report, 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 Standards to the employees.

Final Provisions

1. The Child Protection Standards come into force on August 15, 2024.

2. The Child Protection Standards are made available to all employees by posting them on theGołębia 8 Residence website –www.golebia8residence.com and at the Reception and Office ofGołębia 8 Residence.

3. The Child Protection Standards are made available to guests by posting them on theGołębia 8 Residence website –www.golebia8residence.com and at the Reception ofGołębia 8 Residence.

4. Standardy Ochrony Małoletnich udostępnione są w wersji zrozumiałej i skróconej dla dzieci przebywających wGołębia 8 Residencew miejscu dla nich dostępnym.

Annotations:

1. In accordance with Polish law, a child is any person under eighteen years of age (Article 1 of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989). A minor is a person who has not reached the age of majority, thus a person up to the age of 18 or a woman who has attained majority by entering into marriage after reaching the age of 16 (Article 10 § 1 and 2 of the Civil Code), which may occur with the permission of the guardianship court for important reasons and if the circumstancesindicate that entering into the marriage will be in the best interest of the established family (Article 10 § 1 of the Family and Guardianship Code).

2. Parents - Article 98 of the Family and Guardianship Code; guardian - Article 155 of the Family and Guardianship Code; foster parent - Article 1121 of the Family and Guardianship Code; temporary guardian - Article 25 of the Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of that State.

3. Act of June 6, 1997, Criminal Code (consolidated text: Journal of Laws of 2022, item 1138, as amended).

4. Criminal Code, Article 160 §§ 1 and 2; Article 210 § 1; Misdemeanor Code, Article 106.