Standards for the Protection of Minors

Standards for the Protection of Minors

Standards for the Protection of Minors in Kazimierz Hotels Group

Preamble

Considering the legal obligation arising from the provisions of the Act of May 13, 2016, on counteracting threats related to sexual crime and protecting minors, as well as the United Nations guidelines on business and human rights, and recognizing the significant role of business in ensuring respect for children’s rights, Kazimierz Hotels Group adopts the Standards for the Protection of Minors (also “SPM,” “Standards”). This document constitutes a collection of principles and procedures applied in cases where there is suspicion that a child staying in a Kazimierz Hotels Group property is being harmed, and in preventing such threats, including situations involving children with disabilities and those with special educational needs. The Standards for the Protection of Minors in Kazimierz Hotels Group are implemented based on the following principles:

1. Kazimierz Hotels Group operates its business with respect for the rights of children as particularly vulnerable individuals.
2. Kazimierz Hotels Group acknowledges its role in conducting socially responsible business and promoting desirable social attitudes.
3. Kazimierz Hotels Group emphasizes the importance of the legal and social obligation to notify law enforcement of any suspicion of a crime committed against children and commits to training its employees in this regard.

Glossary:

For the purposes of this document, the meanings of the following terms are clarified:

1. Kazimierz Hotels Group Employees – individuals employed by FHU Karat Adam Rajpold and FHU Irena Rajpold.
2. Tourist Facilities – hospitality facilities and other venues providing hotel services as defined in the Act of August 29, 1997, on hotel services and the services of tour guides and tourist guides.
3. Child/Minor – for the purposes of these standards, a child is any person who has not reached the age of 18.
4. 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 staying in the Republic of Poland without adult supervision).
5. Foreign Adult – any person over the age of 18 who is neither the child’s parent nor legal guardian.
6. Child Abuse – behavior that may constitute an illegal act against a child by any person, including an employee of the entity, or threatens the child’s well-being, including neglect; any intentional or unintentional action/inaction by an individual, institution, or society as a whole and any result of such actions or inactions that violate the rights, freedoms, and personal goods of children and/or disrupt their optimal development.
7. Forms of Child Abuse:
   • Physical Abuse – abuse resulting in actual physical harm to the child or potential harm. This harm results from actions or inactions by a parent or another person responsible for the child or whom the child trusts, or who has authority over the child. Physical abuse can be recurrent or isolated.
   • Psychological Abuse – chronic, non-physical harmful interaction between a child and a caregiver, involving both actions and omissions. This includes: emotional unavailability, emotional neglect, hostile relationships, blaming, defamation, rejection, developmentally inappropriate or inconsistent interactions with the child, ignoring or not acknowledging the child’s individuality and psychological boundaries between the parent and the child.
   • Sexual Abuse – involving a child in sexual activities that the child cannot fully understand or consent to, and/or for which the child is not developmentally mature and cannot legally consent, and/or which is contrary to legal or social norms. Sexual abuse occurs when such activity takes place between a child and an adult or between children, if the persons involved, due to their age or level of development, are in a relationship of care, dependency, or power. Sexual abuse can also take the form of sexual exploitation, which includes 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 gains from sexual exploitation of another person. Special risks of sexual exploitation occur during humanitarian crises. Risks of exploitation exist for both children and their caregivers (definition per UN Bulletin ST/SGB/2003/13).
   • Neglect – chronic or incidental failure to meet the child’s basic physical and emotional needs and/or to respect their fundamental rights, causing health disturbances and/or developmental difficulties. Neglect occurs in the relationship between the child and the person responsible for the child’s care, upbringing, concern, and protection.
8. Crime Against a Child – all crimes that can be committed against adults and additional crimes that can be committed only against children (e.g., sexual exploitation as per Article 200 of the Penal Code). Due to the nature of accommodation facilities where isolation is easily obtainable, the crimes most likely to occur include crimes against sexual freedom and decency, particularly rape (Article 197 Penal Code), sexual exploitation of insanity and helplessness (Article 198 Penal Code), sexual exploitation of dependence or critical situation (Article 199 Penal Code), sexual exploitation of a person under 15 years old (Article 200 Penal Code), grooming (seduction of a minor through remote communication means - Article 200a Penal Code).
9. Other Forms of Child Abuse Beyond Criminal Acts – all forms of violence against a child that do not meet the criteria of a public prosecution offense (e.g., shouting, humiliation, pulling, insulting, neglecting needs, etc.).
10. Employee – an individual employed under a labor contract or providing work under a similar agreement (e.g., commission, B2B, contract for specific work), as well as an intern, trainee, volunteer, etc.
11. Employee Working with Children – any person performing tasks or delegated to perform tasks related to upbringing, education, recreation, treatment, psychological counseling, spiritual development, sports, or other interests of minors, or their care.
12. Entrepreneur – the organ/entity/person managing a given facility or a network of facilities, responsible for the proper functioning of the facility in formal terms.

CHAPTER I. STAFF OF THE FACILITY

General Principles

1. The KAZIMIERZ HOTEL GROUP is committed to educating its staff about the circumstances indicating that a child present at the facility may be harmed and the methods for promptly and appropriately responding to such situations. This education may be carried out through various training forms, such as external and internal training, e-learning, educational materials developed by the hotel and available to employees, or free educational materials provided by other organizations.

2. Before being allowed to work, each employee is acquainted with the Child Protection Standards (SOM) and confirms this by signing a statement committing to adhere to the principles and procedures outlined in this document. See Attachment 1.

3. Employees hired to work with children are required to undergo periodic training, which is documented by the employer.

4. The KAZIMIERZ HOTEL GROUP commits to taking into account the situations of children with disabilities and children with special educational needs, by adapting the guidelines from Attachment 12 to the specifics and scope of the facility’s operations.

Hiring of Individuals to Work with Children

1. Individuals working with children must demonstrate, through their employment history, that they have not harmed any child in the past.

2. Each person employed by the KAZIMIERZ HOTEL GROUP to work with children must be checked against the Register of Sexual Offenders. This includes minor employees under the age of 18. The check is conducted by printing the search results from the restricted-access Register, which is then placed in the employee’s personal file. The necessary personal data for checking an individual in the Register is specified in Attachment 3.

3. Additionally, each person employed or assigned to work with children must provide information from the National Criminal Register regarding crimes listed in Chapters XIX and XXV of the Penal Code, Article 189a and Article 207 of the Penal Code, and the Act of July 29, 2005, on Counteracting Drug Addiction (Journal of Laws of 2023, item 172, and 2022, item 2600), or corresponding offenses under foreign law.

4. If the employee holds citizenship other than Polish, they must also provide information from the criminal register of their country of citizenship, obtained for professional or volunteer activities related to interactions with children, or information from the criminal register if the law of that country does not provide for such information for these purposes.

5. The employee must also provide a statement about the country/countries of residence over the last 20 years, other than the Republic of Poland, under the penalty of criminal liability. See Attachment 4.

6. Statements made under the penalty of criminal liability must include the following: “I am aware of the criminal liability for providing false information.” This statement replaces the warning about criminal liability for providing false information.

7. When using the services of external entities, the facility should include a relevant clause in the agreement with the entity, which will allow for the enforcement of appropriate standards in checking the employees of that entity regarding their safety towards children. The clause should enable the facility to monitor compliance with this obligation under the threat of immediate contract termination and contractual penalties or other sanctions related to non-compliance with the contract conditions. See Attachment 9.

Scope of Competence and Responsibility of Individuals Designated to Implement Child Protection Standards

1. The Entrepreneur supervises the application of the SOM.

2. The Entrepreneur appoints a SOM Coordinator (hereinafter referred to as the "Coordinator").

3. The Coordinator is responsible for familiarizing employees with the SOM and monitoring its application within the KAZIMIERZ HOTEL GROUP.

4. The Coordinator organizes and documents the process of educating employees on recognizing symptoms that a child at the facility may be harmed and on the methods for prompt and appropriate response to such situations, in accordance with the procedures adopted by the facility.

5. The Coordinator describes each intervention or reported incident related to child harm at the facility in a document created for this purpose, known as the incident log.

6. In case of a reasonable suspicion of a crime, the Coordinator is responsible for securing evidence, including surveillance recordings, and providing copies to the prosecutor or police upon request, either by registered mail or in person.

7. The Coordinator is responsible for conducting the procedure in situations where a child has been harmed by a facility employee or another adult not directly employed by the KAZIMIERZ HOTEL GROUP but by a third party.

8. The Coordinator is responsible for monitoring and updating the SOM and ensuring their availability to employees, guests, and other cooperating entities.

9. The Coordinator’s contact details must be available to all employees and guests of the facility, including children. The information must include how to contact the Coordinator (email address, phone number, availability: days and hours of operation).

Principles of Safe Employee-Child Relationships

1. All employees of the KAZIMIERZ HOTEL GROUP, as well as other adults who have contact with children on the premises with the facility’s consent, are required to adhere to the following principles.

2. The primary principle of all actions taken by employees in contact with children on the premises of the KAZIMIERZ HOTEL GROUP is to treat the child with respect and consider their dignity and needs.

3. The use of any form of violence by employees and other adults towards children is prohibited.

A. Expected Behaviors and Practices from Employees

• Maintain patience and respect in communication with the child.
• Listen attentively to the child and provide responses appropriate to their age and situation. When communicating with the child, try to be at their 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 they can understand. Ensure 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, social status, ethnic, cultural, religious, and worldview background.
• Ensure a safe environment. If children are present in your area, make sure that equipment and facilities are used as intended, and the surroundings are safe (pay attention to window and stair safeguards, restricted access to busy roads, open water, etc.).
• If you see a child or children left unsupervised, and the situation suggests a risk to the child's safety, take action to locate the parent or guardian.

B. Prohibited Behaviors and Practices by Employees Towards Children in the Facility

• You must not shout at, embarrass, humiliate, ignore, or insult the child.
• You must not hit, poke, push, 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 form any romantic or sexual relationships with the child or make inappropriate proposals. This includes sexual comments, jokes, gestures, or sharing erotic or pornographic content with children, regardless of its form.
• You must not capture the child’s image for private or professional purposes (recording, photographing) without the consent of the child’s parents or guardians and the child’s own consent. This also includes allowing third parties to capture images of children. An exception is when the child’s image is only a detail of a larger scene, such as a gathering, landscape, or public event, in which case parental or guardian consent is not required.
• You must not contact the child through private communication channels (private phone, email, messaging apps, social media profiles) or meet 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 way that could be considered inappropriate or improper.

If you witness any of the above-described behaviors and/or situations involving other adults or children, always inform your immediate supervisor, who will then notify the person responsible for implementing and monitoring the SOM at the facility.

Chapter II: Procedure for Identifying a Child During Reception Registration

1. One effective way to prevent child abuse is to establish the identity of a child staying at the facility and their relationship to the accompanying adult.
2. The receptionist 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 adult accompanying them, the following should be done: a. Request an identity document of the child 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, or a court ruling. If no identity document is available or if the adult refuses to present it, request the child's details (name, surname, address, PESEL number). b. If there are no documents indicating the relationship between the child and the adult or if the adult refuses to present them, ask both the adult and the child about their relationship. A sample conversation script with the adult and child is included in Appendix 2. c. If the adult is not the child's parent or legal guardian, they should be asked to present a document such as a notarized consent from the parent for the adult to travel with the child or a consent signed by the child's parent, including the child's details, address, parent’s phone number, and the identity document number/PESEL number of the person entrusted by the parent with the child's care. If the adult does not have any of the aforementioned documents, they should be asked to complete a relevant statement according to the model prepared by the facility. The statement should include the child's and the accompanying adult's details, as well as 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 have consented to the care of the child.
4. If the adult refuses to present the child's document and/or specify the relationship, explain that the procedure is intended to ensure the safety of children using GRUPA HOTELI KAZIMIERZ services and that according to the provisions of the Act of May 13, 2016, facility employees must adhere to child protection laws. After clarifying the situation positively, thank the person for taking the time to ensure that the child is in good care.
5. If the conversation does not resolve doubts about the adult's intentions towards the child, especially if the adult refuses to show identity documents or if the child does not have such a document and also refuses to provide a written statement, discreetly inform the supervisor and security staff (if present) in a manner that does not arouse suspicion (e.g., by citing the need to use equipment in the back office, asking the adult to wait with the child in the lobby, restaurant, or another location).
6. From the moment doubts arise, both the child and the adult should, if possible, be within the sight of a facility employee and should not be left alone.
7. The supervisor, once informed of the situation, will take 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 will notify the police. The procedure will then follow the steps outlined for circumstances indicating child abuse (see Chapter III).
9. If witnesses to unusual and/or suspicious situations are employees from other departments such as cleaning service, room service, bar and restaurant staff, relaxation area staff, 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 location, the supervisor verifies the validity of the suspicion of child abuse. For this purpose, 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. Justifiable suspicion of child abuse occurs when: a. The child discloses to a facility employee that they are being abused, b. The employee observes abuse, c. The child shows signs of abuse (e.g., scratches, bruises), and responds inconsistently and/or chaotically or shows signs of embarrassment or other circumstances that might indicate abuse, such as finding child pornography in the adult's room.
2. An employee who has a reasonable suspicion that a child in the facility has been or is being abused should immediately notify the supervisor/decision-maker, who will inform the police. In cases where there is an immediate threat to the child’s safety, the employee who has reasonable suspicion of abuse should promptly call the police at 112 and describe the circumstances of the incident. Regardless, the employee should also notify the GRUPA HOTELI KAZIMIERZ Coordinator about the incident.
3. Efforts should be made to prevent or even hinder the child and the suspected adult from leaving the facility.
4. In cases defined by the Penal Procedure Code, a citizen's arrest of the suspected individual may be carried out. In such cases, until the police arrive, the detained person should remain under the supervision of security staff or other hotel employees who can perform such actions without risking their health or life.
5. In every case, the child’s safety must be ensured. The child should remain under the care of an employee until the police arrive. If possible, efforts should be made to support the child (see Appendix 10).
6. If there is a justified suspicion that a crime involving contact between the child and the perpetrator's biological material (e.g., sperm, saliva, skin) has occurred, efforts should be made to prevent the child from washing or eating/drinking until the police arrive. The child should be informed why these restrictions are being applied.
7. Once the child is taken over by the police, secure the monitoring footage and other relevant evidence (e.g., documents) related to the incident and hand it over to the Coordinator, who, upon request by the authorities, will send a copy by registered mail or deliver it personally to the prosecutor or police.
8. After the intervention, report the incident to the Coordinator, who will document it in the event log or another designated document.

Chapter IV: Procedure in Case of Suspicions or Confirmation of Child Abuse by an Employee or Another Adult

1. In the case of suspicion of child abuse by an employee or another adult who is not directly employed by GRUPA HOTELI KAZIMIERZ but by a third party, the person who becomes aware of this 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 becomes aware of this should immediately notify the police by calling 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 becomes aware of the incident should also inform the Coordinator, at least by email or in writing.
3. If an employee has committed a form of abuse other than a criminal offense against the child, the Coordinator, after receiving the information, should investigate all circumstances of the case, especially by listening to the suspected employee and other witnesses of the event. If the violation of the child's rights is significant, especially if it involves discrimination or violation of the child's dignity, the Coordinator should recommend appropriate personnel actions to the facility's management regarding the employee.
4. If the person who committed the abuse is not directly employed by GRUPA HOTELI KAZIMIERZ but by a third party (e.g., outsourcing), it is recommended to ban their access to the facility and, if necessary, terminate the contract with the third party.

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 the case of confirming abuse of a child by a parent/legal guardian or another adult accompanying the child at the facility, any employee who witnesses such abuse should respond firmly.
2. If the child's life or health is at risk, the person who becomes aware of this should immediately notify the police by calling 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. The person who becomes aware of the incident should also inform the Coordinator, at least by email or in writing.
3. If a facility employee witnesses physical violence against the child (e.g., spanking, shaking, shouting, other forms listed in the definition of physical violence), they should attempt to stop the abuse and react accordingly. Possible forms and methods of responding to abusive behavior by a parent/guardian/other adult towards the child are listed in Appendix 11.
4. In situations where a child under 7 years old is left unsupervised, the employee who becomes aware of this should inform the supervisor. The supervisor, upon being informed, will decide on further actions, considering the circumstances and the context of the Penal Code and Misdemeanors Code. Depending on this, the supervisor will attempt to locate the parent/legal guardian or another adult with whom the child is staying at the facility and explain that they cannot leave the child unsupervised. If locating the parent/legal guardian or another adult is not possible, or if the parent/legal guardian/another adult refuses or is unable to assume responsibility for the child, the supervisor will notify the police. In every case, the child's safety must be ensured.

Chapter VI: Monitoring and Evaluation of Child Protection Standards

1. The business appoints a Coordinator responsible for the Child Protection Standards implemented by GRUPA HOTELI KAZIMIERZ and places their contact details in a location easily accessible to employees and hotel guests, including children.

2. The business defines the scope of tasks and competencies of the Coordinator regarding the training of employees in the application of the Child Protection Standards (SOM), the principles for preparing employees to implement these standards, and the documentation of these activities.

3. The Coordinator mentioned in the previous point conducts monitoring and evaluation of the SOM every two years.

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

5. The Coordinator conducts a survey among GRUPA HOTELI KAZIMIERZ employees every two years to monitor the level of implementation of the SOM. A sample survey is provided in Appendix 6.

6. In the survey, employees can suggest changes and report violations of SOM principles and procedures at the facility.

7. The Coordinator compiles the completed surveys, prepares a monitoring report based on them, and subsequently submits this report to the business. The business implements necessary changes into the document and announces the updated Child Protection Standards to the employees.

Final Provisions

1. The Child Protection Standards take effect on August 15, 2024.

2. The Child Protection Standards are made available to all employees by posting them on the GRUPA HOTELI KAZIMIERZ website and at the RECEPTION OF EACH FACILITY.

3. The Child Protection Standards are made available to guests by posting them on the GRUPA HOTELI KAZIMIERZ website and at the RECEPTION OF EACH FACILITY.

4. The Child Protection Standards are provided in a simplified and child-friendly (graphic) version for children staying at GRUPA HOTELI KAZIMIERZ, in a location accessible to them.