Preamble

Taking into account the legal obligation resulting from the provisions of the Act of May 13, 2016, on counteracting threats of crime of a sexual nature and protecting minors, as well as 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, Hotel Villa Park MED&SPA adopts the Minor Protection Standards (also "SOM", "Standards"). This document constitutes a set of principles and procedures used in case of suspicion that a child staying at Hotel Villa Park MED&SPA is being harmed and preventing such threats, taking into account the situation of disabled children and children with special educational needs.
The Minor Protection Standards at Hotel Villa Park MED&SPA are implemented based on the following principles:
  1. Hotel Villa Park MED&SPA conducts its operational activities with respect for children's rights as persons particularly vulnerable to harm.
  2. Hotel Villa Park MED&SPA acknowledges its role in conducting socially responsible business and promoting desirable social attitudes.
  3. Hotel Villa Park MED&SPA particularly emphasizes the importance of the legal and social obligation to notify law enforcement authorities of every suspected crime against children and commits to training its employees in this regard.

CHAPTER I.
FACILITY EMPLOYEES

General rules
  1. Hotel Villa Park MED&SPA commits to educating its employees about the circumstances indicating that a child staying at the facility may be harmed and about ways to respond quickly and appropriately to such situations. The facility may provide the aforementioned education through various forms of training, e.g.: external training, internal training, e-learning, educational materials developed by the hotel and available to employees, free educational materials developed by other organizations.
  2. Every employee, prior to employment, is acquainted with the SOM, which is confirmed by signing a statement and committing to comply with the rules and procedures contained in this document.
  3. Employees engaged in work with children are subject to periodic training, which is documented by the employer.
  4. Hotel Villa Park MED&SPA commits to considering the situation of children with disabilities and children with special educational needs by adjusting guidelines to the specificity and scope of the facility's operation.
Employment of persons working with children
  1. Persons working with children must demonstrate in their employment history that they have not harmed any child in the past.
  2. Every person hired/delegated by Hotel Villa Park MED&SPA to work with children must be compulsorily checked in the Register of Sexual Offenders. This also applies to minors, i.e., persons under 18 years of age. The check is carried out by printing the search results from the Register with restricted access, which is then placed in the personnel files of the person checked.
  3. In addition, every person employed/delegated to work with children must provide information from the National Criminal Register regarding crimes specified in Chapters XIX and XXV of the Penal Code, Articles 189a and 207 of the Penal Code, and in the Act of July 29, 2005, on counteracting drug addiction (Journal of Laws 2023, item 172 and 2022, item 2600), or acts prohibited under foreign law equivalent to those crimes.
  4. If the person hired/delegated holds citizenship other than Polish, they should also submit information from the criminal register of that country of citizenship, obtained for professional or volunteer activities related to contact with children, or information from the criminal register if that country's law does not provide for issuing such information for said purposes.
  5. A declaration regarding countries of residence within the last 20 years, other than the Republic of Poland and the country of citizenship, made under criminal liability must also be obtained from the employed/delegated person.
  6. If the law of the country from which the information on non-criminal record is to be submitted does not provide for issuing such information or does not keep a criminal register, the hired/delegated person shall submit a declaration under criminal liability about this fact.
  7. Declarations made under criminal liability include the following statement: "I am aware of the criminal liability for making a false declaration." This statement replaces the authority's instruction on criminal liability for making a false declaration.
  8. When using external entities' services, the facility should include an appropriate clause in the contract that enables enforcing the standard of employee checks regarding their safety toward children. This clause shall allow the facility to control compliance with the obligation under the penalty of immediate termination of the contract and contractual penalties or other sanctions related to non-compliance with contract terms in this regard.
Scope of competences and responsibilities of persons designated to implement the Minor Protection Standards
  1. The supervision of SOM application is conducted by the Entrepreneur.
  2. The Entrepreneur appoints a SOM coordinator (hereinafter referred to as "Coordinator").
  3. The Coordinator is responsible for acquainting employees with the SOM content and monitoring its application at Hotel Villa Park MED&SPA.
  4. The Coordinator organizes and documents the education process for employees on recognizing signs that a child staying at the facility may be harmed and ways to respond quickly and appropriately, according to the procedures adopted by the facility.
  5. The Coordinator records every intervention or reported event related to child harm at the facility in a document created for this purpose (e.g., event log or intervention register).
  6. In case of justified suspicion of a crime, the Coordinator is responsible for securing evidence, including surveillance recordings, and providing them on request of authorities in the form of copies sent by registered mail or delivered personally to the prosecutor or police.
  7. The Coordinator is responsible for conducting the procedure when a child is harmed by an employee of the facility or another adult who is not directly employed by Hotel Villa Park MED&SPA but by a third party.
  8. The Coordinator is responsible for monitoring and updating SOM and their availability to employees, guests, and other entities cooperating with the facility.
  9. The Coordinator's contact details are available to all employees and guests of the facility, including children. The data must include information on how to contact the Coordinator (email address, phone, availability: days and working hours).
Principles of safe employee-child relationships
  1. The following principles must be observed by all employees of Hotel Villa Park MED&SPA, including other adults who have contact with children on the facility's premises, if such contact is agreed with the facility.
  2. The supreme principle in all actions undertaken by employees having contact with children at Hotel Villa Park MED&SPA is treating the child with respect and considering their dignity and needs.
  3. It is unacceptable for employees and other adults to use violence against a child in any form.
A. Behaviors and practices expected from employees
  • In communication with the child, maintain patience and respect.
  • Listen carefully to the child and provide answers appropriate to their age and situation. When communicating with the child, try to keep your face at the child's eye level.
  • Assure the child that if they feel uncomfortable with any situation, they can tell you or another designated person and get help.
  • Inform the child where the SOM documents are located in a version understandable to them. Ensure that if they have questions, they can approach you or another designated person.
  • Observe equal treatment of children regardless of their gender, sexual orientation, ability/disability, social, ethnic, cultural, religious status, or worldview.
  • Ensure a safe environment. If children are present in your area of work, make sure equipment and furnishings are used as intended, and the surroundings are safe (pay attention to window and stair protections, restricted access to busy roads, open water, etc.).
  • If you see a child/children left unattended and the situation may indicate a threat to the child's safety, take action to locate the parent/guardian.
B. Behaviors and practices unacceptable from employees towards children at the facility
  • You must not shout at, embarrass, humiliate, neglect, or insult a child.
  • You must not hit, push, shove, or in any way violate the physical integrity of a child, unless there is a threat to the child's health or life.
  • You must not form any romantic or sexual relationships with a child or make inappropriate proposals. This includes sexual comments, jokes, gestures, and providing children with erotic and pornographic content regardless of its form.
  • You must not record or photograph a child for private or official purposes without the consent of the child's parents/guardians and the child themselves. This also applies to allowing third parties to record children's images. The exception is when the child's image is merely a detail of a whole, such as a gathering, landscape, public event; in this case, parental/guardian consent is not required.
  • You must not contact a child via private communication channels (private phone, email, messengers, social media profiles) or meet a child outside the workplace.
  • You must not offer the child alcohol, tobacco products, or illegal substances.
  • Never touch a child if they do not want it or in a way that may be considered indecent or inappropriate.
If you witness any of the behaviors and/or situations described above from other adults or children, always inform the person responsible for implementing and monitoring SOM at the facility or your direct supervisor.

CHAPTER II.
CHILD IDENTIFICATION PROCEDURE DURING RECEPTION REGISTRATION

  1. One of the effective forms of preventing child harm is establishing the identity of the child staying at the facility and their relationship to the adult accompanying them.
  2. Reception staff take all possible steps to identify the child and their relationship to the adult accompanying the child.
  3. To identify the child and their relationship to the accompanying adult, do the following:
    a. ask for the child's identity document or another document confirming the adult’s right to care for the child. Examples include identity card, school ID, MObywatel app, Internet Patient Account, court ruling. If there is no identity document or it is refused to be shown, ask for the child's data (name, surname, address, PESEL number).
    b. If there are no documents indicating kinship between the child and the adult or refusal to show them, ask the adult and the child about this relationship.
    c. If the adult is not the parent or legal guardian of the child, they should be asked to show a document, e.g., notarial consent from the parent for traveling with the child, or parent-signed consent indicating the child's details, address, parent’s phone contact, and the ID/PESEL number of the person entrusted with the child’s care. If the adult does not have such documents, ask them to complete an appropriate declaration according to the template prepared by the facility. The declaration should contain the child's data and the adult's data along with the indication of the relationship between them. If the adult is not the parent or legal guardian, they should declare that the parents/legal guardians consented to the care of the child.
  4. If the adult refuses to show the child's document and/or specify the relationship, explain that the procedure is designed to ensure the safety of children using Hotel Villa Park MED&SPA, and that, according to the May 13, 2016 Act, facility employees must comply with child rights regulations. After explaining positively, thank them for their time to ensure the child is under good care.
  5. If the conversation does not dispel doubts regarding suspicion about the adult and their intentions to harm the child, especially if they refuse to show ID or the child lacks such document and refuses to provide a written statement, discreetly inform the supervisor and security staff (if present) in a way that does not raise suspicion (e.g., citing the need to use equipment back of reception, asking the adult to wait with the child in the lobby, restaurant, or other place).
  6. From the moment the first doubts arise, both child and adult should, if possible, be within sight of an employee and should not be left alone.
  7. The supervisor informed about the situation takes over the conversation with the adult to obtain further explanations.
  8. If the conversation confirms a suspicion or attempt or commission of a crime against the child, the supervisor notifies the police. Then the procedure applies as in the case of circumstances indicating child harm (see Chapter III).
  9. If employees of other departments (e.g., cleaning service, room service, bar and restaurant staff, relaxation zone, security, etc.) witness unusual and/or suspicious situations, they should immediately inform the supervisor, and in their absence, a decision-maker who will take appropriate action (see points 7 and 8 above).
  10. Depending on the situation and place, the supervisor verifies the validity of the suspicion of child harm. To this end, appropriate means are selected to clarify the situation or a decision to intervene and notify the police is made.

CHAPTER III.
PROCEDURE IN CASES INDICATING CHILD HARM BY AN ADULT

  1. A justified suspicion of child harm occurs when:
    a. the child reveals to an employee the fact of harm,
    b. the employee observes the harm,
    c. the child has signs of harm (e.g., scratches, bruises), and responds inconsistently and/or chaotically when asked or becomes embarrassed, or other circumstances indicating harm occur, e.g., finding pornographic materials involving children in the adult's room.
  2. An employee with justified suspicion that a child at the facility is or has been harmed should immediately notify the supervisor/decision-maker, who notifies the police. If the child's safety is threatened, the employee immediately calls 112, describes the circumstances, and notifies the Hotel Villa Park MED&SPA Coordinator.
  3. Efforts should be made to prevent or even hinder the child and suspected person from leaving the facility.
  4. Under the provisions of the Code of Criminal Procedure, a citizen's arrest of the suspected person can be made. Until the police arrive, the detained person remains under the supervision of security or other hotel employees who can perform such actions without risking their health or life.
  5. In all cases, the child's safety must be ensured. The child should, if possible, be under employee care until police arrival. If possible, attempts should be made to support the child.
  6. In cases of crime involving child contact with the perpetrator's biological material (sperm, saliva, skin), the child should, if possible, not wash or eat/drink until police arrive. The child should be explained why such restrictions apply.
  7. After the police take over the child, monitoring material and other relevant evidence (e.g., documents) related to the event should be secured and given to the Coordinator, who will provide copies by registered mail or personally to the prosecutor or police upon request.
  8. After intervention, the event should be reported to the Coordinator, who records it in the event log or a similar document.

CHAPTER IV.
PROCEDURE IN CASE OF SUSPECTED OR CONFIRMED CHILD HARM BY AN EMPLOYEE OR OTHER ADULT

  1. In case of suspected child harm by an employee or other adult not directly employed by Hotel Villa Park MED&SPA but by a third party, the person receiving this information shall immediately inform the Coordinator, or in their absence, another designated person.
  2. If the child's life or health is at risk, the person receiving the information should immediately call police emergency number 112, providing their data, child's data (if possible), child's location, and description of the circumstances, and notify the supervisor/decision-maker, who informs the child's guardians/parents. The person receiving the report also informs the Coordinator at least by email/written form.
  3. If the employee commits other forms of harm than a crime against the child, the Coordinator, after receiving the information, should examine all circumstances, particularly by hearing the suspected employee and other witnesses. If the child's well-being is significantly violated, especially by discrimination or dignity violation, the Coordinator should recommend appropriate personnel actions to the facility manager regarding that employee.
  4. If the perpetrator is not directly employed by Hotel Villa Park MED&SPA but by a third party (e.g., outsourcing), a ban on their entry to the facility should be recommended, and if necessary, the contract with the third party terminated.

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

  1. In case of confirmed child harm by a parent/legal guardian or other adult staying with the child at the facility, any employee witnessing such harm should respond firmly.
  2. If the child's life or health is at risk, the person receiving the information should immediately call police emergency number 112, providing their data, child's data (if possible), child's location, and description of the circumstances; notify the supervisor/decision-maker. The person reporting the event also informs the Coordinator at least by email/written form.
  3. If an employee witnesses physical violence against a child (slaps, pulling, shouting, other physical violence), they should try to interrupt and respond.
  4. If a child under 7 years old is left unattended, the employee who receives this information should notify the supervisor. The supervisor takes further action considering circumstances and the context of the Penal Code and Misdemeanor Code. According to the situation, the supervisor tries to locate the parent/legal guardian or other adult with the child and explains that the child cannot be left unattended. If locating guardians or adults is impossible or they refuse or cannot take care of the child, the supervisor notifies the police. The child's safety must always be ensured.

CHAPTER V.
MONITORING AND EVALUATION OF MINOR PROTECTION STANDARDS

  1. The Entrepreneur appoints a Coordinator responsible for the Minor Protection Standards applied at Hotel Villa Park MED&SPA and places their contact details in a place easily accessible to employees and hotel guests, including children.
  2. The Entrepreneur defines the scope of tasks and competencies of the Coordinator in preparing employees to apply SOM, the principles of preparing employees for their application, and the method of documenting these activities.
  3. The Coordinator, mentioned in the previous point, conducts monitoring and evaluation of SOM every two years.
  4. Monitoring and evaluation include verifying compliance with the Standards, responding to signals of violations of rules and procedures, and proposing changes to the document, especially to adjust them to current needs and legal requirements.
  5. The Coordinator conducts a survey among Hotel Villa Park MED&SPA employees every 2 years to monitor the implementation level of SOM.
  6. In the survey, employees can propose changes and indicate violations of SOM rules and procedures in the facility.
  7. The Coordinator processes the completed employee surveys, prepares a monitoring report based on them, which is then provided to the Entrepreneur. The Entrepreneur incorporates necessary changes into the document and announces the new wording of the Minor Protection Standards to the employees.

CHAPTER VI.
FINAL PROVISIONS

  1. The policy enters into force on August 15, 2024.
  2. The hotel provides the Standards on its website and on the information board or at the reception.
Glossary: For the purposes of this document, the meanings of the following terms have been specified:
  1. Tourist facilities – hotel facilities and other facilities where hotel services are provided as defined in the Act of August 29, 1997, on hotel services and services of tour guides and tour leaders.
  2. Child/minor – for the purpose of these standards, a child is any person under 18 years of age.
  3. Child's guardian – the legal representative of the child: parent or guardian; foster parent; temporary guardian (i.e., a person authorized to represent an underage Ukrainian citizen staying in the Republic of Poland without adult care).
  4. Foreign adult – any person over 18 years old who is not the child's parent or legal guardian.
  5. Child harm – understood as behavior that may constitute committing an illegal act against a child by any person, including an entity employee, or a threat to the child's welfare, including neglect; any intentional or unintentional act/omission by an individual, institution, or society as a whole and every result of such action or inaction that violates the rights, freedoms, and personal goods of children and/or disturbs their optimal development.
  6. Forms of violence against a child:
  • Physical violence against a child is violence, as a result of which the child suffers actual physical harm or is potentially threatened by it. This harm results from action or inaction by a parent or other person responsible for the child, trusted by the child, or holding authority over them. Physical violence may be recurring or a one-time act.
  • Psychological violence against a child is chronic, non-physical, harmful interaction between a child and guardian, including actions and omissions. It includes emotional unavailability, emotional neglect, relationships based on hostility, blaming, slandering, rejecting, developmentally inappropriate or inconsistent interactions, ignoring or not recognizing the child's individuality and psychological boundaries between parent and child.
  • Sexual exploitation of a child is involving a child in sexual activity that they cannot fully understand or consent to and/or for which they are not developmentally mature or cannot legally consent and/or which is against the legal or societal norms of the community. This occurs when the activity happens between a child and an adult or between children if the age or development level creates a relationship of care, dependency, or authority. Sexual exploitation may also include sexual abuse – any actual or attempted abuse of a position of vulnerability, advantage, or trust for sexual purposes, including financial, social, or political gains from sexual exploitation. The risk of sexual exploitation increases during humanitarian crises. The threat exists both to children and their guardians (definition per UN Bulletin ST/SGB/2003/13).
  • Child neglect is chronic or occasional failure to meet basic physical and psychological needs and/or disregard for basic rights, causing health disorders and/or developmental difficulties. Neglect occurs in the relationship between the child and the person obligated to care, raise, nurture, and protect the child.
  • Crime against a child – all crimes that can be committed against adults and additionally crimes committed solely against children (e.g., Sexual exploitation under Article 200 of the Penal Code). Due to the specifics of accommodation facilities, which allow easy isolation, the most common crimes on their premises will concern sexual freedom and morality, especially rape (Art. 197 PC), sexual abuse of incapacity and helplessness (Art. 198 PC), sexual abuse of dependency or critical position (Art. 199 PC), sexual abuse of person under 15 years (Art. 200 PC), grooming (seducing a minor by remote communication means – Art. 200a PC).
  • Other forms of child harm than crime against the child – all forms of violence against a child that do not meet the criteria of a crime prosecuted by public indictment (e.g., shouting, humiliation, pulling, verbal abuse, neglect of needs).
  • Employee means a person employed under an employment contract or providing work under a similar contract (e.g., mandate, B2B, contract for specific work), as well as interns, trainees, volunteers, etc.
  • Employee working with children means any person performing or delegated to perform tasks related to upbringing, education, recreation, treatment, psychological counseling, spiritual development, sports, or other interests of minors, or caring for them.
  • Entrepreneur – an entity/person managing the facility or network of facilities, responsible for proper operation of the facility formally.