Standard Ochrony Małoletnich

Bearing in mind the legal obligation under the provisions of the Act of 13 May 2016 on the Prevention of Sexual Offences and Protection of Minors and the content of the United Nations Guiding Principles on Business and Human Rights, and recognising the important role of business in ensuring respect for the rights of children, Seven Ponds Wilderness adopts the Standards for the Protection of Minors (also "SOM", "Standards") for use. This document is a set of policies 
and procedures to be followed if there is a suspicion that a child who is staying at Seven Ponds Wilderness is being harmed and to prevent such threats, 
taking into account the situation of children with disabilities and children with special educational needs. 

The Standards for the Protection of Minors in the Seven Ponds Wilderness are implemented based on the following principles:

1. Seven Ponds Wilderness conducts its operations with respect for the rights of children as vulnerable persons. 
2. Seven Ponds Wilderness recognises its role in running a socially responsible business and promoting desirable social attitudes.
3. Seven Ponds Wilderness particularly stresses the importance of the legal and social obligation to notify law enforcement authorities whenever a crime is suspected to have been committed against children and is committed to training its staff in this regard. 

Glossary:

For the purposes of this document, the meaning of the following terms has been clarified: 

1. Tourist facilities - hotel facilities and other facilities where hotel services specified in the Act of 29 August 1997 are provided. 
   on hotel services and services of tour operators and tourist guides.

1. Child/young person - for the purposes of these standards, a child is assumed to be any person under the age of 18.[1]
2. Guardian of the child - the child's statutory representative: parent or guardian; foster parent; temporary guardian (i.e. a person authorised to represent a minor Ukrainian citizen who resides on the territory of the Republic of Poland unaccompanied by adults)[2] .
3. Stranger adult - any person over the age of 18 who is not the child's parent or legal guardian. 
4. Child abuse - is to be understood as behaviour that may constitute the commission of a criminal act to the detriment of a child by any person, including an employee of an entity, or a threat to the welfare of a child, including neglect of a child; any intentional or unintentional action/inaction of an individual, institution or society as a whole and any result of such action or inaction that violates the rights, freedoms and personal rights of children and/or interferes with their optimal development.
5. Forms of violence against the child: 

●      Physical violence against a child is violence as a result of which a child suffers actual physical harm or is potentially at risk of such harm. This harm occurs as a result of an action or inaction on the part of a parent or other person who is responsible for the child, or whom the child trusts or has authority over. Physical violence against a child may be a repeated or one-off act.

●      Child psychological abuse is a chronic, non-physical, harmful interaction between a child and a caregiver, involving both actions and inactions. It includes, but is not limited to: 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 recognise or acknowledge the child's individuality and psychological boundaries between parent and child.

●      Sexual exploitation of a child is the involvement of a child in sexual activity that the child is not capable of fully understanding and giving informed consent to, and/or to which the child is not developmentally mature and cannot consent in a legally valid manner, and/or which is incompatible with the legal or moral norms of a given society. Sexual exploitation occurs when such activity occurs between a child and an adult or a child and another child, if these persons, due to their age or stage of development, are in a relationship of care, dependence, authority. Sexual exploitation can also take the form of sexual exploitation, which is any actual or attempted abuse of a position of vulnerability, power advantage, or trust, for sexual purposes, including, but not limited to, profiting financially, socially or politically from the sexual exploitation of another person. A particular threat of sexual exploitation occurs during humanitarian crises. The threat of exploitation exists against both children and their caregivers (definition after UN Bulletin ST/SGB/2003/13).

●      Child neglect is the chronic or incidental failure to meet a child's basic physical and psychological needs and/or to respect his or her basic rights, resulting in disruption to his or her health and/or developmental difficulties. Neglect occurs in a child's relationship with a person who has a duty of care, nurture, concern and protection to the child.

7. Offence against a child - all offences that can be committed against adults and, in addition, offences that can only be committed against children (e.g. Sexual Exploitation from Article 200 of the Criminal Code^[3] ). Due to the specific nature of accommodation facilities, where seclusion can easily be obtained, the offences most likely to occur on their premises will be offences against sexual freedom and morality, in particular rape (Article 197 CC), sexual exploitation of insanity and helplessness (Article 198 CC), sexual exploitation of dependence or critical position (Article 199 CC), sexual exploitation of a person under 15 years of age (Article 200 CC), grooming (seduction of a minor by means of distance communication - Article 200a CC).

1. Other forms of child abuse than the commission of a criminal offence against a child - all forms of violence used against a child that do not meet the characteristics of a criminal offence prosecuted by public prosecution (e.g. shouting, humiliation, tugging, name-calling, neglect of needs, etc.).
2. An employee is a person employed under a contract of employment or performing work under a similar contract (e.g. commission, B2B, contract for specific work), as well as an intern, trainee, volunteer, etc.
3. A child worker is any person who performs tasks or is delegated to perform tasks related to the upbringing, education, leisure, medical treatment, provision of psychological counselling, spiritual development, sports or the pursuit of other interests by, or the care of, minors. 
4. Entrepreneur - the body/entity/person who manages a facility or network of facilities and is responsible for the proper formal operation of the facility.  

 

CHAPTER I. FACILITY STAFF

General principles

1. Seven Ponds Wilderness is committed to educating its staff on circumstances indicating that a child staying at the facility may be abused and how to respond quickly and appropriately to such situations. The facility may implement the above education through various forms of training e.g.: external training, internal training, e-learning, educational materials developed by the hotel and available to employees, educational materials available free of charge, developed by other organisations.
2. Each employee, before being allowed to work, is made aware of the SOM, which is confirmed by the employee's declaration and commitment to comply with the policies and procedures contained therein.

3. Employees working with children are subject to periodic training, which is documented by the employer.

Recruiting people to work with children

1. Those working with children must demonstrate in their employment history that they 
   they have not harmed any children in the past. 
2. Every person employed/delegated by Seven Ponds Wilderness to work is checked against the Sex Offender Register. This also applies to employees who are minors, i.e. under 18 years of age. The person's check on the Register is carried out by printing out the results of the person's search on the Register with restricted access, which is then inserted into the personal file of the person being checked. 
3. In addition, each person employed/delegated to work with children must provide information from the National Criminal Register for offences specified in Chapters XIX and XXV of the Penal Code, in Articles 189a and 207 of the Penal Code and in the Act of 29 July 2005 on Counteracting Drug Addiction (Journal of Laws of 2023, item 172 and of 2022, item 2600), or for corresponding offences specified in foreign law. 
4. If the person recruited/delegated has a nationality other than Polish, he/she should also submit the criminal record information of the country of which he/she is a national, obtained for the purposes of professional or voluntary activities involving contact with children, or the criminal record information if the law of that country does not provide for the issuing of information for the aforementioned purposes. 
5. The recruited/delegated person should also make a statement 
   about the country(ies) of residence during the last 20 years, other than the Republic of Poland and the country of citizenship, made under pain of criminal liability. 
6. If the law of the country from which the criminal record is to be submitted does not provide for the issuing of such information or does not maintain a criminal record, the recruiter/delegate shall make a declaration to this effect under penalty of criminal liability. 
7. The following declaration shall be made under penalty of criminal liability: "I am aware of the criminal liability for making a false statement." This statement replaces the authority's instruction on criminal liability for making a false declaration.
8. In the case of the use of external providers, the facility should include a provision in its contract with the provider to enforce an appropriate standard of screening by the provider of staff for their safety in relation to children. The provision will enable the facility to monitor compliance with the obligation on pain of immediate termination of the contract and a contractual penalty or other sanctions related to non-compliance with the contract in this regard.

Terms of reference for persons designated to implement the Standards for the Protection of Minors 

1.    Supervision of the application of the SOM is carried out by the Entrepreneur - Uroczysko Siedmiu Stawów sp. z o.o. 

2.    The entrepreneur shall appoint SOM coordinators.

3.    The Training and Recruitment Coordinator is the person responsible for familiarising employees with the contents of the SOM and monitoring its application at Seven Ponds Wilderness.

4.    The Training and Recruitment Coordinator shall organise and document the process of educating staff on how to recognise the signs that a child in the facility may be abused and how to respond quickly and appropriately to such situations, in accordance with the procedures adopted by the facility.

5.    The Deputy Lead Coordinator describes each intervention or reported incident of child abuse on the premises in a document, which is an incident log created for this purpose and available at the hotel reception. 

6.    In the event of a reasonable suspicion that a crime has been committed, the Chief Coordinator is responsible for securing evidence, including surveillance footage, and forwarding it to the public prosecutor or the police upon request of the service in the form of a copy by registered mail or in person. 

7.    The Lead Coordinator is responsible for carrying out the procedure when there has been harm to a child by a member of the facility staff or other adult who is not directly employed by Seven Ponds Wilderness through a third party. 

8.    The Training and Recruitment Coordinator is responsible for monitoring and updating the SOMs and their availability to both staff, visitors and others working with the facility.

9.    The coordinators' details are available to all staff and guests of the facility, including children at the hotel reception. 

 

 

 

CHAPTER II. PROCEDURE FOR IDENTIFYING THE CHILD WHEN REGISTERING AT RECEPTION 

 

1. One way to effectively prevent child abuse is to establish the identity of the child in the facility and their relationship to the adult with whom they are in the facility. 
2. The reception worker takes all possible steps to carry out the identification of the child and their relationship with the adult who accompanies the child.
3. An adult who is not the child's parent or legal guardian should present a document, e.g. a notarised consent of the parent to travel with the child or a consent signed by the child's parent, indicating the child's details, the child's address, telephone contact to the parent and the identity document/PESEL number of the person to whom the parent has entrusted custody of the child.

If the adult does not have any of the above documents, he/she is required to complete an appropriate declaration (attachment), The declaration should include the child's details and the details of the adult with whom the child is staying, together with an indication of the relationship that exists between the child and the adult. Where the adult is not the child's parent or legal guardian, they should declare that the parents/legal guardians have consented to the child's care. 

4. If an adult refuses to show the child's document and/or indicate the relationship, explain that the procedure is in place to ensure the safety of children using the Seven Ponds Wilderness and that, in accordance with the provisions of the Act of 13 May 2016, facility staff must comply with child rights legislation. Once the matter has been clarified in a positive manner, thank them for their time in making sure the child is well looked after. 

 

 

 

 

CHAPTER IV. PROCEDURE IN THE EVENT OF SUSPECTED OR ESTABLISHED
 ABUSE OF A CHILD BY A MEMBER OF STAFF OR ANOTHER ADULT 

 

1. In the event of suspected child abuse by a member of staff or other adult who is not directly employed by Seven Ponds Wilderness but by a third party, the person who becomes aware of the information should immediately inform the Coordinator, or in the Coordinator's absence, another designated person. 
2. If a child's life or health is at risk, the person who becomes aware of this should immediately notify the police by calling the emergency number 112, giving their own details, the child's details (where possible), the child's whereabouts and a description of the circumstances of the case, and inform the supervisor/decision maker who notifies the child's carers/parents. The person who becomes aware of the incident also informs the Co-ordinator, at least by email/writing.
3. Where a member of staff has perpetrated a form of abuse against a child other than committing an offence against the child, the Coordinator, once informed, should investigate all the circumstances of the case, in particular by listening to the member of staff suspected of abuse and other witnesses to the incident. Where the violation of a child's welfare is significant, in particular where there has been discrimination or a violation of a child's dignity, the Coordinator should recommend to the person in charge of the facility appropriate personnel action in relation to that staff member.
4. If the abuser is not directly employed by the Seven Ponds Wilderness but by a third party (e.g. outsourcing) then a recommendation should be made to prohibit the abuser from entering the Seven Ponds Wilderness and, if necessary, to terminate the contract with the third party.

 

 

CHAPTER V. PROCEDURE IN THE EVENT OF OTHER FORMS OF VIOLENCE AGAINST A CHILD BY A PARENT/LEGAL GUARDIAN OR OTHER ADULT 

 

1. If a child is found to be abused by a parent/legal guardian or other adult with whom the child is on the premises, any member of staff who witnesses such abuse should respond strongly.
2. If a child's life or health is at risk, the person who becomes aware of this should immediately inform the police by calling the emergency number 112, giving their own details, the child's details (where possible), the child's whereabouts and a description of the circumstances of the case and inform the supervisor/decision maker. The person who becomes aware of the incident shall also inform the Coordinator, at least by email/writing. 
3. If a member of staff at a facility witnesses physical violence being used against a child (spanking, tugging, shouting, others listed in the definition of physical violence) they should try to stop the abuse and respond. 
4. In a situation where a child under the age of 7 is left unattended, the employee who has become aware of such an incident should notify a superior. The supervisor who has been informed of the situation shall decide on the further course of action, taking into account the circumstances and having regard to the context of the provisions of the Criminal Code and the Code of Offences^[4] . Depending on this, the supervisor shall attempt to locate the parent/legal guardian or other adult with whom the child is on the premises and explain that they cannot leave the child unattended. In circumstances where it is not possible to locate the parent/legal guardian or other adult with whom the child is on the premises, or the parent/legal guardian/other adult is unwilling and/or unable to take custody of the child, the supervisor shall notify the police. In all cases, care must be taken to ensure the safety of the child. 

 

CHAPTER V: MONITORING AND EVALUATION OF STANDARDS FOR THE PROTECTION OF MINORS

 

1. The Undertaker shall appoint a Coordinator responsible for the Standards for the Protection of Minors applied at Seven Ponds Wilderness and post his/her contact details in a place easily accessible to employees and guests of the hotel, including children.
2. The entrepreneur defines the tasks and competences of the Coordinator with regard to preparing employees to apply the provisions of the SOM, the rules for preparing employees to apply them and how to document these activities. 
3. The coordinator referred to in the preceding paragraph shall monitor and evaluate the SOM once every two years. 
4. Monitoring and evaluation involves verifying the implementation of the Standards, responding to signals of breaches of rules and procedures and proposing changes to the document, particularly in terms of its adaptation to current needs and its compliance with current legislation.
5. The coordinator conducts a survey among the staff of the Seven Ponds Wilderness once every 2 years to monitor the level of implementation of the SOM. 
6. In the survey, employees can suggest changes and indicate violations of SOM policies and procedures at the facility.
7. The coordinator processes the questionnaires filled in by the employees, draws up a monitoring report on this basis and forwards it to the entrepreneur. The entrepreneur makes the necessary changes to the document 
   and communicates the new wording of the Standards for the Protection of Minors to the employees.

Final provisions

1. The Standards for the Protection of Minors come into force on 15 August 2024.
2. The Standards for the Protection of Minors are made available to all employees by posting them on the website www.uroczysko7stawow.pl and at the hotel reception.
3. The Standards for the Protection of Minors are made available to visitors by posting on the website www.uroczysko7stawow.pl.