Nowa strona 1 » full standards for the protection of minors

"Guided by the welfare of minors and in order to ensure protection for minors from all forms of harm, the Company adopts these Standards, which are intended to serve as a model of conduct for employees and collaborators to ensure an appropriate response to any situations that may pose a danger to minors."

§1 Preliminary Provisions

"1. These Child Protection Standards constitute a model of norms, principles, and procedures aimed at ensuring respect for children's rights and preventing all forms of harm to them, as well as guaranteeing their well-being and opportunities for development."

"2. All employees and collaborators of the Company, regardless of the legal form of collaboration, are obliged to adhere to these principles."

"3. These Standards specifically define:"

"a. principles ensuring safe relationships between minors and the facility's staff or organizer, particularly prohibited behaviors towards minors;"

"b. principles and procedures for intervention in cases of suspected harm or information about harm to a minor;"

"c. procedures and individuals responsible for reporting suspicions of crimes against minors, notifying the guardianship court, and in the case of institutions with such authority, individuals responsible for initiating the 'Blue Card' procedure;"

"d. principles for reviewing and updating the standards;"

"e. the scope of competencies of the person responsible for preparing the facility's staff or organizer to apply the standards, the principles for training this staff in their application, and the method of documenting this action;"

"f. principles and methods for providing parents or legal or factual guardians and minors with access to the standards for familiarization and application;"

"g. individuals responsible for receiving reports of incidents threatening minors and providing them with support;"

"h. the method of documenting and the principles for storing disclosed or reported incidents or events threatening the welfare of minors."

"i. requirements regarding safe relationships among minors, particularly prohibited behaviors;"

"j. principles for using electronic devices with access to the Internet;"

"k. procedures for protecting children from harmful content and threats online and in other forms;"

"l. principles for establishing a support plan for a minor after the disclosure of harm."

§2 Definitions

"The following terms shall have the following meanings in these Standards:"

"1. Minor/child – any person who has not yet reached the age of 18."

"2. Parent – the legal representatives of the child who is under their parental authority; if the child is under the parental authority of both parents, each may act independently as the child's legal representative."

"3. Legal guardian – a person who has care over the person and property of the ward; this person is subject to the supervision of the guardianship court."

"4. Harm – any action or omission that negatively affects the child, particularly involving physical or psychological violence, sexual abuse, or neglect of the child, constituting a crime committed to the detriment of the child."

"5. Physical violence – intentional action causing physical injury to the child's body, e.g., pushing, pulling; signs of physical violence include: bruises and marks on the child's body, swelling, fractures, dislocations, burns, including pinpoint burns, as well as fear of undressing, inappropriate clothing for the weather (long sleeves), wearing dark glasses, apathy/aggression."

"6. Psychological violence – intentional action or omission that involves inappropriate interaction negatively affecting the child, e.g., emotional unavailability and neglect, blackmail, insults, threats, humiliation, shaming."

"7. Sexual violence – involving a minor in sexual activity when they cannot give informed consent due to their level of development, e.g., presenting pornographic content to minors, proposing/forcing intimate relationships, rape, coercing other sexual acts, signs of sexual violence include: somatic symptoms of unknown origin, signs of physical violence, difficulties walking/sitting, fears, phobias, depression, hyperactivity, aggression."

"8. Neglect of a child – prolonged failure to meet the child's basic needs by those responsible for the child's care, e.g., lack of attention to the child's hygiene, neglecting the child's medical treatment, not providing appropriate clothing, malnutrition of the child."

"9. Crime – an act prohibited by law under penalty, socially harmful to a degree greater than negligible."

10. Crime against a child – a crime that can be committed solely to the detriment of a child, as well as a crime that can be committed to the detriment of any person, which is committed to the detriment of children, e.g., crimes against sexual freedom and morality, particularly rape (Article 197 of the Penal Code), sexual exploitation of mental incapacity and helplessness (Article 198 of the Penal Code), sexual exploitation of dependence or critical situation (Article 199 of the Penal Code), sexual exploitation of a person under the age of 15 (Article 200 of the Penal Code), grooming (seduction of a minor using remote communication means – Article 200a of the Penal Code), violation of bodily integrity (Article 217 of the Penal Code), crime of maltreatment (Article 207 of the Penal Code).

11. Company – Atelier Wartości limited liability company, Aleja Parkowa 8, 32-043 Cianowice, KRS 0000804577, NIP 6762571483.

12. Employee – a person employed by the Company under an employment contract.

13. Collaborator – a person collaborating with the Company under a civil law contract.

14. Employee employed to work with children – an employee or collaborator who must be checked in the Register of Sexual Offenders, this includes any person hired to perform such duties, including a person employed under a civil law contract, intern, trainee, and volunteer, regardless of citizenship and age.

§3 General principles

1. The Company conducts its activities with the utmost respect for the rights of children, as individuals particularly vulnerable to all forms of harm, both physically and mentally. In its actions, the Company ensures respect for the dignity of the child in every case and takes actions to ensure protection from harm by adults.

2. The Company, in conducting its activities, ensures a safe space for minors, paying attention to and responding to any disturbing signals in this regard, including preventing violence from adults as well as peer violence, particularly cyberbullying. The Company’s response may include actions indicated in §6 of the Standards.

§4 Obligations of the Company's Personnel. Safe relationships with minors.

1. Any discrimination against minors is prohibited. Employees and collaborators are obliged to treat minors in a fully professional manner.

2. Professional behavior towards minors includes, in particular:

– treating the minor with full respect and consideration for their feelings, without belittling, mocking, insulting, blackmailing, or threatening – efforts must be made to ensure that the minor feels comfortable;

– allowing the minor to have a free conversation and ask questions;

– presenting an attitude of full understanding towards the minor, particularly considering their age and emotional maturity, as well as taking into account their specific situation (e.g., type of disorder or illness, disability, family-personal situation), communication should be tailored to the minor and their capabilities;

– respecting the minor's right to privacy, as well as their right to intimacy and dignity;

– refraining from using vulgar, offensive, or degrading words or gestures, or those containing sexual innuendo towards the minor;

– not using any forms of violence against the minor;

– protecting the personal data of the minor, including protecting their image – not recording or processing such personal data without appropriate legal basis (in the case of the image – without the consent of the legal guardian or parent of the minor).

3. The Company's personnel avoid physical contact with the minor, assessing the potential for such contact from the perspective of the specific situation, in accordance with social norms. In particular, contact aimed at providing assistance to the minor is permitted, but such contact must be objectively justified each time (for example, protection from danger, treating a wound). It is absolutely prohibited to undertake actions that could be deemed inappropriate, including those with sexual undertones or that involve violence or violation of the physical integrity of the minor.

4. Employees and collaborators, while performing their duties, pay special attention to the needs of children with disabilities, adjusting their actions and communications to the needs of the minor.

5. Employees and collaborators avoid establishing private relationships with minors through the internet, including social media, and all communication takes place through official channels permitted for use in the Company.

6. Any inappropriate behavior (including behavior that may indicate harm to children, particularly the use of violence against children) by a staff member must be immediately reported to a supervisor or the Responsible Person indicated in §11. All individuals who witness inappropriate behavior (e.g., other employees, colleagues, minors, parents, etc.) are authorized and obligated to make such a report.

7. In the cases indicated in paragraph 6, the employee or collaborator, depending on the severity of the offense, may face disciplinary or contractual consequences, including termination of the contract with the Company. If the staff member's behavior constitutes a criminal offense, the Company will notify law enforcement authorities.

8. Employees and collaborators of the Company are obliged to take actions in such a way as not to violate the interests of minor children and to prevent abuse against them, as well as to respond to identified or presumed violations in accordance with these Standards.

9. If an employee or collaborator fails to fulfill the obligations set forth in these Standards, particularly if they do not respond appropriately to cases of child abuse, they bear contractual liability under the terms specified in the contract or disciplinary liability under the provisions of the labor code.

§5 Obligations of the Company. Preparing Staff to Implement the Standards

1. The Company is obliged to train each employee or collaborator on the principles and obligations arising from these Standards. The training is conducted by the person indicated in §11 of the Standards. The employee or collaborator should particularly receive training and clear guidelines from the Company regarding:

a. Safe relationships with minors and prohibited behaviors towards minors;

b. Identifying circumstances that may indicate harm to a minor;

c. Quick ways to respond to the circumstances indicated in point a:

– the manner and scope of conducting conversations with minors and their parents/guardians;

– conveying relevant information regarding their suspicions to the Responsible Person, supervisors, or the Company's Management;

– situations when suspicions should be reported to law enforcement or other appropriate state services.

2. The Company commits to familiarizing each employee or collaborator with these Standards before they begin performing their duties. This obligation applies to all staff members, regardless of the type of contract, position, or scope of duties. The Company is aware that each employee or collaborator may witness or suspect child abuse and should have information about appropriate procedures. The fact of familiarization with the Standards and completion of the training indicated in paragraph 1 is confirmed by the employee or collaborator in writing or electronically.

3. Given that due to the nature of the Company's activities, an employee or collaborator may have contact with children, the Company commits to informing all job candidates or collaborators about these Standards and conducting a detailed discussion with candidates during recruitment about their previous experience working with children and the scope of responsibilities in this regard.

4. In cases required by law, the Company commits to requesting a certificate of no criminal record from candidates for work with children, and also commits to checking the candidate's background within the limits permitted by law, particularly regarding the matters described in §9 of these Standards.

§6 Procedure for Intervention in Cases of Suspected Child Abuse and Principles for Establishing a Support Plan

1. Employees and collaborators of the Company, regardless of their position, should remain vigilant and respond to inappropriate or questionable circumstances that may indicate that a child is being harmed, i.e., particularly experiencing physical or psychological violence (including online), being neglected, or experiencing sexual abuse, including in cases where the child is subjected to violence by people close to them. Company employees provide appropriate support and assistance to minors, especially if the minor seeks such help. A minor has the right to ask for help from any member of the Company's staff, and each staff member is obliged to take action in accordance with paragraph 2 below.

2. Employees and collaborators, in the event of reasonable suspicion or information about child abuse, shall immediately notify the person indicated in §11, who will decide on further steps. If the person indicated in §11 is unable to address the matter, the employee or collaborator of the Company shall notify their supervisor or the Management Board of the Company.

3. In the event of suspicion as indicated in paragraph 2, the employee or collaborator shall record signs indicating child abuse in the information card or internal documentation concerning the child, along with information obtained from the minor and their guardian or parent.

4. In the case indicated in paragraph 2, the Company shall intervene by conducting consultations among the Staff, and also, if deemed appropriate and not harmful to the minor's welfare, contacting the parents or guardians of the minor directly to inform them of the situation. If there is reasonable suspicion that the minor is experiencing abuse that constitutes a crime against the minor by their parents or guardians, the Company may take the following actions:

a. Complete the NK-A form, initiating the Blue Card procedure (which confirms that violence is occurring in the family);

b. Submit a request to the appropriate guardianship court for insight into the family's situation;

c. Notify law enforcement authorities (police, prosecutor's office) of the suspicion of a crime.

5. In the event of immediate danger to the life and health of the minor, every member of the Company's staff is obliged to promptly call the Police.

6. Reasonable suspicion of child abuse exists when:

a. The minor has disclosed to the employee or collaborator the fact of abuse,

b. A third party has disclosed to the employee or collaborator a suspicion of child abuse, and the observations of the employee or collaborator have confirmed this fact with a high degree of probability,

c. The employee or collaborator has observed abuse or circumstances indicating a high probability of abuse, e.g., the child has signs of abuse (evidence of physical violence, such as scratches, bruises), the child is neglected, dirty, behaves differently than usual (e.g., has started using vulgar language, behaves inappropriately, is apathetic or excessively agitated, their statements raise concern), the child is the subject of disturbing behaviors or statements from peers (peer bullying);

7. The above provisions apply accordingly when the Company becomes aware of child abuse after the provision of services to the child has ended.

8. A note shall be made of each intervention conducted in accordance with this paragraph. The note must include information, among others, about the reasons for the intervention and the actions taken. The Company archives notes in the intervention register, maintained by the person indicated in §11 of the Standards. The intervention register is maintained in electronic form.

§7 Rules for the use of electronic devices. Protecting children from harmful content and threats.

1. The Company's staff uses electronic devices with access to the Internet solely in accordance with the internal procedures in force in the Company, which ensure the safe use of these devices.

2. The Company's staff, considering the welfare of minors, in particular:

– ensures the use of secure passwords, in accordance with the Company's recommendations;

– uses only the business tools provided by the Company for the performance of duties; the use of personal tools, including personal email accounts, for this purpose is prohibited;

– complies with internal procedures regarding personal data, taking special care with the personal data of minors, considering their particular nature;

– when posting statements online, including on social media, exercises caution and discretion in their comments, opinions, and texts in such a way as not to undermine the trust of minors and their parents or legal guardians.

3. The Company ensures the security of its network resources, as well as the use of only secure software provided by reputable suppliers. In the case of providing Internet access to individuals present at the Atelier Wartości headquarters, the Company is entitled to implement blocking of content harmful to minors, particularly content presenting dangerous behaviors (violence, death, self-harm, suicides, health-harming behaviors), discriminatory content, promoting hatred, and pornographic content.

4. As part of the ongoing activities, the Company may conduct additional informational actions among parents and legal guardians, indicating the necessity to protect minors from harmful content and providing guidance on how to achieve this protection. Recommendations in this regard may also be communicated individually to the parents and legal guardians of the minor, related to the activities being carried out.

5. The Company does not restrict the ability of minors to use electronic devices at the Atelier Wartości premises. However, minors are required to use these devices in a manner that does not disrupt the work at the Atelier Wartości premises and with respect for the privacy of others.

§8 Requirements for safe relationships among minors

1. Employees and associates of the Company are obliged to pay attention to and respond to inappropriate behavior of minors towards other minors.

2. Minors are required to behave appropriately towards other minors and other individuals during activities, in accordance with the principles of social coexistence, suitable for the minor's age and emotional development level. Minors must treat other individuals, including other minors, with respect and in a cultured manner.

3. In particular, it is prohibited for minors to engage in actions such as:

a. using violence or inciting others to use violence in any form or extent, including through electronic means, which pertains to physical, psychological, and sexual violence;

b. mocking, insulting, or degrading others;

c. disseminating harmful-dangerous or illegal materials among other minors (e.g., containing discriminatory, pornographic content, or depicting violence);

d. disseminating the image or personal data of others without their consent.

4. Parents and legal guardians cooperate with the Company’s staff to ensure that the behavior of minors meets the requirements described above.

§9 Employment of persons working with children

1. When hiring individuals to work with minors, the Company conducts interviews regarding their previous employment in working with children, experience, and education in this area. The Company particularly pays attention to whether the employment history of the person indicates any past harm to a child.

2. Each person employed by the Company for work related to upbringing, education, recreation, treatment, providing psychological counseling, spiritual development, engaging in sports, or pursuing other interests by minors, or caring for them must be checked in the Register of Sexual Offenders. Checking a person in the Register is done by printing the search results for the person from the restricted access Register or from the Register of individuals regarding whom the State Commission for the Prevention of Sexual Abuse of Minors under 15 has issued a decision to enter in the Register, which is then placed in the personal file of the checked individual. The declaration of the employee/associate/intern regarding the obligation to check in the Register of Sexual Offenders is in Annex No. 1.

3. The person referred to in paragraph 2 submits to the Company information from the National Criminal Register regarding crimes specified in Chapters XIX and XXV of the Penal Code, in Article 189a and Article 207 of the Penal Code, as well as 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 defined in foreign law.

4. The person referred to in paragraph 2, who holds citizenship of a country other than the Republic of Poland, must also submit to the Company information from the criminal register of their country of citizenship obtained for professional or voluntary activities related to contact with children.

5. The person referred to in paragraph 2 submits to the employer or other organizer a declaration of the country or countries where they have resided in the last 20 years, other than the Republic of Poland and the country of citizenship, and simultaneously submits to the employer or other organizer information from the criminal registers of those countries obtained for professional or voluntary activities related to contact with children.

6. If the law of the country referred to in paragraphs 4 or 5 does not provide for issuing information for professional or voluntary activities related to contact with children, information from the criminal register of that country must be submitted.

7. In the event that the law of the state from which the information referred to in paragraphs 4-6 is to be submitted does not provide for its preparation or if there is no criminal register in that state, the person referred to in paragraph 1 shall submit a statement to the Company regarding this fact along with a declaration that they have not been legally convicted in that state for acts prohibited corresponding to the crimes specified in Chapters XIX and XXV of the Penal Code, in Article 189a and Article 207 of the Penal Code, as well as in the Act of July 29, 2005, on counteracting drug addiction, and that no other ruling has been issued against them stating that they have committed such prohibited acts, and that there is no obligation arising from a court ruling, another authorized body, or law to comply with a prohibition on holding any or specific positions, performing any or specific professions, or activities related to the upbringing, education, recreation, treatment, provision of psychological advice, spiritual development, sports practice, or realization of other interests by minors, or on caring for them.

8. The statements referred to in paragraphs 5 and 7 are submitted under the penalty of criminal liability for making a false statement.

9. The information and statements referred to in paragraphs 3-7 shall be attached by the Company to the employee's personal files or documentation concerning the person authorized to such activities.

10. Every person employed to work with children is obliged to confirm that they have familiarized themselves with these Standards and commits to comply with them.

§10 Principles of Review and Update of the Standards

1. These Standards are subject to periodic verification and assessment, at least once every two years, to ensure their adaptation to current needs and applicable regulations.

2. The assessment indicated above is conducted by the Responsible Person designated in § 11 of the Standards. To carry out the assessment, the Responsible Person may consult with the Company's Staff regarding the implementation of the Standards, as well as with the parents and legal guardians of minors. The Responsible Person may particularly conduct interviews and surveys, including anonymous surveys.

3. Based on the activities carried out, the Responsible Person prepares a written report containing the assessment of the Standards along with proposals for changes to the Standards, which they present to the Company's Management Board, which makes the decision regarding their implementation.

§11 Responsible Person

1. The Responsible Person for the implementation and application of these Standards is the President of the Company. The President of the Company, during their absence, appoints a Deputy from among the Company's staff who performs the duties provided for in this paragraph during the President's absence.

2. The duties of the person indicated in paragraph 1 include:

– preparing and implementing this procedure and familiarizing the staff with it;

– training the staff in its application and documenting this activity;

– consulting cases of suspected harm to minors and making decisions regarding intervention in accordance with §6;

– preparing a report to the guardianship court, law enforcement agencies, and an application to initiate the Blue Card procedure;

– maintaining a record of interventions and documenting the fact of reporting the case.

3. The person indicated in paragraph 1 is also responsible for receiving reports of events threatening minors and providing them with support as a priority. Parents and legal guardians, minors, or third parties may also report to any employee or collaborator of the Company, who shall promptly forward it to the Responsible Person.

§12 Final Provisions

1. These Standards come into effect on July 1, 2024.

2. Each member of the Company's Staff confirms that they have familiarized themselves with the Standards and commits to their application.

3. These Standards are easily accessible both to the employees and collaborators of the Company, as well as to minors, their parents, and legal guardians. The Standards are available both at the Company's headquarters and on the Company's website, in two versions: full and abbreviated, intended for minors. At the request of parents and guardians or minors, the Company sends the Standards to interested parties at the provided email address.

Annex No. 1:

employee/collaborator/intern's declaration regarding the obligation to check the Register of Sexual Offenders.

1. Information on the processing of personal data:

INFORMATION ON THE PROCESSING OF PERSONAL DATA OF THE EMPLOYEE FOR THE PURPOSE OF CHECKING IN THE REGISTER OF SEXUAL OFFENDERS.

Personal Data Administrator Your personal data will be processed by Atelier Wartości limited liability company, Aleja Parkowa 8, 32-043 Cianowice, KRS 0000804577, NIP 6762571483; You can contact us in the following ways:

e-mail: biuro@atelierwartosci.org

phone: 882350933

Purposes of personal data processing and legal basis for processing

We will process your personal data for the following purposes and in accordance with the legal bases below:

• on the basis of the law - Article 21 paragraph 2 of the Act on preventing threats related to sexual offenses and the protection of minors (Journal of Laws of 2016, item 862, consolidated text Journal of Laws of 2023, item 1304) of May 13, 2016 (hereinafter: the Act) we will process the personal data you provide in order to check your identity in the Register of Sexual Offenders, in connection with planned employment/cooperation in activities related to education, recreation, sports or the realization of other interests by minors or their guardians;

• on the basis of the law - Article 21 paragraphs 3-7 of the Act - for the purpose of verifying the documents and statements you submitted in the scope specified by the Act (i.e., in particular regarding criminal records related to sexual offenses) - in order to fulfill the legal obligations imposed on us, particularly for the purpose of verifying the possibility of cooperating with you. Recipients of data Your personal data processed in connection with the verification will be transferred to: External provider of legal and HR services, External IT service provider/software providers. Your personal data will be transferred by us for the purpose of verification in the Register of Sexual Offenders to the Minister of Justice, who is the entity maintaining the Register.

Data transfer to third countries Your personal data will not be transferred to a third country (outside the European Economic Area).

Retention periods for personal data Your personal data will be processed:

• when the processing is carried out for the purpose of performing an employment relationship for the duration of the contract, and after its termination for a maximum period of 10 years, which is dictated by the need to keep personnel records,

• when the processing is carried out for the purpose of concluding, amending, dissolving, and executing another contract for the period necessary for pursuing any claims related to the contract, currently set at 3 years.

Employee rights related to the processing of personal data

Your rights are as follows:

• access to your personal data,

• rectification of personal data,

• the right to lodge a complaint, in case of doubts regarding the proper processing of your personal data, to the supervisory authority, which is the President of the Personal Data Protection Office in Warsaw,

• the right to withdraw consent to the extent that the processing of your personal data was based on such consent. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of the consent before its withdrawal.

You also have the right to:

• deletion of personal data,

• restriction of processing of personal data,

• the right to object to processing,

• the right to data portability – under the terms and limitations arising from the GDPR regulations. Provision of data Providing personal data necessary to verify your identity in the Register and providing certain information and documents by you is a legal requirement, and refusal to provide this data will result in the inability to employ or cooperate in a position related to activities related to education, recreation, sports, or the realization of other interests by minors or their guardians.

2. Employee/Co-worker's declaration:

I, the undersigned, ……………. declare that:

3. I undertake to provide the Company with information from the National Criminal Register regarding the crimes specified in Chapters XIX and XXV of the Penal Code, in Article 189a and Article 207 of the Penal Code, as well as 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 defined in foreign law - YES/NO.

4. I declare that for the last 20 years I have resided in the following countries other than the Republic of Poland or the country of citizenship: ……….., ……….., ……….. and I undertake to submit to the Company information from the criminal records of those countries obtained for the purposes of professional or volunteer activities related to contacts with children, or when obtaining such information is not possible - information from the criminal record of that country*. I am aware of the criminal liability for submitting a false declaration. – YES/NO APPLIES*Declarations and commitments made by persons holding citizenship other than the Republic of Poland: 1. I undertake to submit information from the criminal record of the country of citizenship obtained for the purposes of professional or volunteer activities related to contacts with children, or when obtaining such information is not possible - information from the criminal record of that country - YES/NO*

.……………………….…………………..

Signature of the person making the declaration

* If obtaining the information indicated in points d-e proves impossible, a declaration of the following content should be submitted:

I declare that the law of the country from which the information referred to in points d/e (delete as appropriate) above is to be submitted does not provide for its preparation or that there is no criminal record maintained in that country. At the same time, I declare that I have not been lawfully convicted in that country for prohibited acts corresponding to the crimes specified in Chapters XIX and XXV of the Penal Code, in Article 189a and Article 207 of the Penal Code, as well as in the Act of July 29, 2005, on Counteracting Drug Addiction, and that no other ruling has been issued against me stating that I committed such prohibited acts, and that I have no obligation resulting from a court ruling, another authorized body, or a law to comply with a prohibition on holding any or specific positions, performing any or specific professions, or activities related to the upbringing, education, recreation, treatment, provision of psychological counseling, spiritual development, sports, or pursuing other interests by minors, or with their care. I am aware of the criminal liability for submitting a false declaration.

.……………………………….…………………..

Signature of the person making the declaration

The register is available at: https://rps.ms.gov.pl/ To be able to obtain information from the restricted access register, it is necessary to set up an organization profile.

standards for the protection of minors at Atelier Wartości Sp. z o.o.