CHILD PROTECTION STANDARDS IN APARTART APARTMENTS IN KRAKOW AND ZAKOPANE
Preamble
Taking into account the legal obligation arising from the provisions of the Act of 13 May 2016 on counteracting threats of sexual crime and protection of minors and 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, in ApartArt sp. z o. o. Apartments sp.k. in Kraków and Zakopane, adopts the Standards for the Protection of Minors. This document is a set of rules and procedures used in case of suspicion that a child staying in ApartArt sp. z o. o. sp.k. harm occurs and the prevention of such threats, taking into account the situation of disabled children and children with special educational needs. Standards for the Protection of Minors in Apartments ApartArt sp. z o.o. sp.k. are implemented based on the following principles:
1. ApartArt sp. z o. o. sp.k., the facility conducts its activities with the highest respect for human rights, in particular the rights of children as people who are particularly sensitive to harm.
2. ApartArt sp. z o. o. sp.k. recognizes its role in running a socially responsible business and promoting desirable social attitudes, in particular emphasizes the importance of the legal and social obligation to notify law enforcement authorities of each case of suspicion of committing a crime to the detriment of children and undertakes to train its staff in this respect.
I. General provisions
2. Taking into account the need to provide minors with appropriate protection during their stay in facilities run by ApartArt sp. z o.o. sp.k., the following "CHILD PROTECTION STANDARDS IN HOTEL FACILITIES run by ApartArt sp. z o.o." are introduced. sp.k. ”hereinafter referred to as the Standards.
3. For the purposes of this document, the meaning of the following terms has been clarified. Whenever these Standards refer to:
• FACILITY – this means ApartArt Apartments in Krakow (Belle Epoque Residence) and Zakopane (Apartamenty ApartArt w Zakopane) run by ApartArt sp. z o.o. sp.k.
• Child – this means any person under 18 years of age.
• Strange adult - this means any person over 18 years of age who is not the child's parent or legal guardian.
• Harming a child – this means committing a crime to its detriment. Crime against a child - this means all crimes that may be committed against adults, and additionally crimes that may only be committed against children (e.g. sexual abuse under Article 200 of the Penal Code). Due to the specificity of tourist facilities, where it is easy to obtain the possibility of isolation, the crimes that may most often occur on their premises will be crimes against sexual freedom and decency, taking advantage of insanity and helplessness (Article 198 of the Penal Code), taking advantage of insanity and helplessness (Article 198 of the Penal Code). 198 of the Penal Code), sexual exploitation of a dependent or critical situation (Article 199 of the Penal Code), sexual exploitation of a person under 15 years of age (Article 200 of the Penal Code), grooming (seduction of a minor by means of distance communication - Art. 200a of the Penal Code).
• Employee - this means a person who is part of the Facility's staff, regardless of the legal basis for performing work at the Facility.
• Supervisor – this means the person or persons managing the Facility.
4. The facility in particular emphasizes the importance of the legal and social obligation to notify law enforcement authorities of any suspected crime against children and undertakes to train its staff in this respect.
5. The facility undertakes to educate staff on circumstances indicating that a child staying at the facility may be harmed and on how to respond quickly and appropriately to such situations.
6. One of the forms of effective prevention of child abuse is the identification of the child staying in the facility and his relationship with the adult with whom he stays in the facility. Whenever possible, the Staff takes all possible steps to identify the child and his relationship with the adult with whom he is in the facility.
7. At each stage of applying the procedures resulting from the Standards, please remember that they may constitute an inconvenience for Guests, therefore you should show understanding of the Guests' reactions to the above and explain to them the necessity, both actual and legal, to carry out the procedures in question at the Facility. However, the Guest's reaction cannot constitute a reason to deviate from the procedures.
8. All procedures provided for in the Standards should be applied in compliance with the principle of proportionality to the situation and in a rational manner.
9. In contacts with minors, the Facility's employees should take into account the level of their emotional and intellectual development, and in cases where the minor is a person with a disability or a person with special educational needs, then also this circumstance.
II. Employing people to work with children
1. All people working with children must be safe for them, which means, among other things, that their employment history should indicate that they have not harmed any child in the past.
2. Each person employed by the Facility for work related to education, recreation and child care must be checked in the Register of Sexual Offenders. Checking a person in the Register is done by printing the results of searching for a person in the Register with limited access, which is then inserted into the personal file of the person being checked. The check should be repeated every year.
3. All employees employed to work with children, including persons who may have potential contact with children, should submit a declaration of no criminal record and no pending proceedings for acts against children - Annex No. 4.
III. Rules ensuring safe relationships between Facility employees and children, in particular prohibited behavior towards minors
1. An employee of the Facility should not allow a situation in which he or she remains alone in a room with a child, except when leaving a minor alone in a room could significantly threaten his or her well-being, in particular health or life. If possible, you should ensure the presence of another adult, supervision by CCTV cameras, or plan your work duties in such a way that you can return to them when this type of situation has passed.
2. Any contacts between an employee of the Facility and a child staying at the Facility should not go beyond interactions justified by the official duties of the Facility employee and generally accepted norms in contacts between adults and children.
IV. Rules and procedures for identifying a child staying at the Facility and his relationship with the adult with whom he is staying at the Facility
1. Whenever possible, the child and his or her relationship with the adult with whom he or she is staying at the Facility should be identified. This identification is done by reception staff. Such identification is based on the documents of the child and the adult with whom he or she is staying at the Facility, and if they are missing, on the basis of an interview with the adult and the child.
2. If during the procedure referred to in section 1 the receptionist has any doubts as to the relationship between the child and the adult with whom he or she is staying at the facility, then the supervisor should be discreetly notified.
3. During a conversation with a minor, special attention should be paid to ensure that the minor has the opportunity to speak freely and unrestrained, in particular that the adult with whom the minor is staying at the Facility does not answer questions asked to the child. If an adult hinders contact with a child in any way or puts pressure on the child, even just by being present, then the adult should be asked to leave the room while the conversation is taking place with the child, and an additional employee of the Facility should be asked to be present during the conversation.
4. In unusual and/or suspicious situations indicating a possible risk of harm to the child, identification is obligatorily carried out by a receptionist. Examples of situations that may raise suspicions are included in Appendix 1 to these Standards.
5. To identify the child and his relationship with the person with whom he is staying at the facility, you should:
a. Ask about the child's identity and the child's relationship with the person with whom he or she came to the Facility or is staying there. For this purpose, you may ask for the child's identity document or another document confirming that an adult has the right to care for the child at the facility (e.g. the child's identity document indicating relationship, civil status certificate, court decision, notarial consent of the parent for the person's travel with the child or consent signed by the child's parent along with the child's data, address of residence, telephone contact number of the parent and ID number/PESEL number of the person to whom the parent entrusted the care of the child). If you do not have an ID document, you can ask for the child's data (name, surname, address, PESEL number).
b. If there are no documents indicating the relationship between the child and the adult, the adult and the child should be asked about this relationship. An example of a conversation with an adult and a child can be found in Appendix 2 to these Standards.
c. If an adult does not have a parental consent document, please ask for the telephone number of the above-mentioned persons to call and confirm that the child is staying in the facility with a foreign adult with the knowledge and consent of the parents/legal guardians.
d. An adult who is not a parent or legal guardian should have a Declaration of parental consent for the departure of a child under his or her care, containing his or her details, the details of the child and the parents/legal guardians. The declaration template constitutes Annex 5 to these Standards.
e. If an adult who is not a parent or legal guardian does not have a Declaration of parents' consent to the departure of a child under her care, she should complete a declaration containing her data, the details of the child and the parents/legal guardians, as well as information about the written or oral
6. In the event of an adult's resistance to presenting the child's document and/or indicating the relationship, it should be explained that the procedure is intended to ensure the safety of children using the Facility and has been developed in consultation with non-governmental organizations operating in this field.
7. Once the matter has been clarified in a positive manner, thank them for taking the time to make sure the child is well cared for and reiterate that the procedure is intended to ensure children's safety.
8. If the conversation does not dispel doubts regarding the suspicion of the adult and his intention to harm the child, the supervisor should be discreetly notified.
9. The superior who has been notified about the situation decides to notify the police or, in case of doubt, takes over the conversation with the suspected adult in order to obtain further explanations.
10. If the conversation confirms the conviction of an attempt or commission of a crime to the detriment of the child, the superior notifies the police of this fact. The procedure is further applied in the event of circumstances indicating harm to the child.
11. If unusual and/or suspicious situations are witnessed by employees of other departments of the facility, e.g. cleaning service, room service, club employees, security, they should immediately notify their superior, who will decide to take appropriate action.
12. Depending on the situation and place, the superior verifies to what extent the suspicion of child abuse is justified. For this purpose, it selects appropriate measures to clarify the situation or decides to intervene and notifies the police.
consent of the parents/legal guardians for their joint departure. child with a specific person. The declaration template constitutes Annex 6 to these Standards.
V. Rules and procedures for responding in the event of a reasonable suspicion that the well-being of a child on the Facility is at risk or that the child has been harmed
1. If there is a justified assumption that the well-being of a minor staying on the premises of the Facility is at risk, then each employee of the Facility is obliged to take appropriate actions in response to the above.
2. If there is a reasonable suspicion that a child staying in the facility is being harmed or his or her well-being is in danger, appropriate action should be taken immediately, including notifying the superior and the police by calling 112 and describing the circumstances of the incident, and if this is not possible or may cause an unnecessary delay, notify the police and your supervisor at a later time. Depending on the dynamics of the situation and circumstances, the call is made by a person who is a direct witness of the event (employee/supervisor).
3. There is reasonable suspicion of child abuse when:
• the child revealed the fact of abuse to an employee of the facility,
• the employee observed abuse,
• the child shows signs of abuse (e.g. scratches, bruises) and when asked answers incoherently and/or chaotically and/or becomes embarrassed or there are other circumstances that may indicate abuse, e.g. finding pornographic materials involving children in an adult's room.
4. In this situation, if possible, the child and the person suspected of harming the child should be prevented from leaving the facility.
5. After receiving the child by the police, you should secure the monitoring material and other important evidence (e.g. documents) regarding the incident and, at the request of the services, submit a copy of them by registered mail or in person to the prosecutor or the police.
6. After the intervention, describe the event and send a memorandum of the event by e-mail to your superior.
VI. Final provisions
1. The persons responsible for preparing the Facility's employees to apply the Standards are their superiors, each within the scope of the facility they manage.
2. The Standards will be assessed at least once every two years to ensure their adaptation to current needs and compliance with applicable regulations.
3. The standards are made available on the Facility's website and will also be made available at the Facility's reception desk. The Standards for the Protection of Minors are available in an understandable and abbreviated version for children staying at the hotel in a place accessible to them.
4. The standards enter into force on August 15, 2024.
List of attachments to the Child Protection Standards in ApartArt Facilities:
Appendix 1: Examples of situations that may raise suspicions or indicate child abuse
Appendix No. 2: Example of a conversation with an adult and a child during identification
Appendix No. 3: Declaration of familiarization with the Standards for the Protection of Minors
Appendix No. 4: Employee's declaration of no criminal record and no pending proceedings for acts against children
Appendix No. 5: Sample declaration of consent of parents/legal guardians for their child to travel with a specific person
Appendix No. 6: Template of an adult's declaration of consent of parents/legal guardians for the departure of their child under their care
_________________________________________________________________________________________________
Appendix No. 5 to Child Protection Standards in ApartArt Facilities:
Sample declaration of consent of parents/legal guardians for their child to travel with a specific person
........................., on …………………………
AUTHORIZATION (of parent/legal guardian) TO CARE FOR THE CHILD
I ……………………………………………………. residing in ………………………………………………………………………… holder of an ID card (series and number) ..................................... ...... being a parent /legal guardian, having the right to care for (child's name and surname) ......................... ........... ..................... with ID number ………………………………, residing in ………………………… …………………………………………. I authorize Mr/Ms ………………………… ……………………………… residing in ………………………………………………..… …………..………………………………………………..………………..………………………………………………………….…………with an ID card (series and number)…………………………………………………… to provide care, conduct current and emergency matters related to the care of the above-mentioned child during the stay at the hotel (full name of the hotel, city) ………………………………………………………………………… within ... ………………………………………………………….
At the same time, I declare that there is a degree of relationship between the person authorized to provide care and my child: ……………………………..…………………………………………………I am aware of criminal liability for submitting a false declaration under Art. 233 § 6 of the Act of 6 June 1997 - Penal Code.3
………………………………………………………………
(signature of parent/legal guardian)
Art. 233 of the Penal Code (extract) Whoever, when giving testimony intended to serve as evidence in court proceedings or in other proceedings conducted pursuant to the Act, testifies untruthfully or conceals the truth, shall be subject to the penalty of imprisonment from 6 months to 8 years. The provisions shall apply accordingly to the person who submits a false declaration, if the provisions of the Act provide for the possibility of withdrawing the declaration under pain of criminal liability.
_________________________________________________________________________________________________
Appendix No. 6 to Child Protection Standards in ApartArt Facilities:
A declaration by an adult about the consent of parents/legal guardians for their child to travel under their care
........................., on …………………………
I ……………………………………………………. residing in …………………………………………………………………………holder of an ID card (series and number) ..................................... ......... I declare that I have obtained consent to provide care, conduct current and emergency matters related to the care of the child (name and surname of the child) .......... ................. ........................ with ID number …………………………….………, residing in ………………………..……………………………………………………………. during your stay in ApartArt Apartments in ………………………………………… from ………………………….…………….. to ………… ………………………………………….……..
I have obtained consent from the parent/legal guardian of the above-mentioned child: (name and surname of parent/legal guardian) ..................................... .............................................. ... with ID number ………………………………………………………, residing in…………………………………………………………..….....................................................................................………………………telephone number………………………………………………………..
I am aware of criminal liability for submitting a false declaration under Art. 233 § 6 of the Act of 6 June 1997 - Penal Code.3
………………………………………………………………
(signature of the adult providing care)
Art. 233 of the Penal Code (extract) Whoever, when giving testimony intended to serve as evidence in court proceedings or in other proceedings conducted pursuant to the Act, testifies untruthfully or conceals the truth, shall be subject to the penalty of imprisonment from 6 months to 8 years. The provisions shall apply accordingly to the person who submits a false declaration, if the provisions of the Act provide for the possibility of withdrawing the declaration under pain of criminal liability.