Preamble

Having regard to the legal obligation arising from the provisions of the Act of 13 May 2016 on counteracting threats of sexual crime and the protection of minors, as well as the content of the United Nations guidelines on business and human rights, and recognizing the important role of business in ensuring respect for children's rights, HOTEL TRZEBNICA (CATERING AND ACCOMMODATION SERVICES LESZEK MROCZKOSWKI) adopts for implementation the Standards for the Protection of Minors (also “SOM”, “Standards”). This document constitutes a set of principles and procedures applied in the event of a suspicion that a child staying at HOTEL TRZEBNICA is being harmed, as well as measures to prevent such threats,
taking into account the situation of children with disabilities and children with special educational needs.

The Standards for the Protection of Minors at HOTEL TRZEBNICA are implemented on the basis
of the following principles:

  1. HOTEL TRZEBNICA conducts its operations with respect for children's rights as persons particularly vulnerable to harm.
  2. HOTEL TRZEBNICA recognizes its role in conducting socially responsible business and promoting desirable social attitudes.
  3. HOTEL TRZEBNICA particularly emphasizes the importance of the legal and social obligation to notify law enforcement authorities of every suspected case of an offense committed to the detriment of children and undertakes to train its employees in this regard.

Glossary:

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

  1. Tourist facilities – hotel establishments and other facilities where hotel services are provided as defined in the Act of 29 August 1997
    on hotel services and the services of tour leaders and tourist guides.
  2. Child/minor - for the purposes of these standards, a child is any person under 18 years of age.[1]
  3. Child's guardian – the child's legal representative: a parent or guardian; foster parent; temporary guardian (i.e. a person authorized to represent a minor Ukrainian citizen staying in the territory of the Republic of Poland without the care of adults)[2].
  4. Unrelated adult - any person over 18 years of age who is not the child's parent or legal guardian.
  5. Harming a child - shall be understood as conduct that may constitute the commission of a prohibited act to the detriment of a child by any person, including an employee of the entity, 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 any result of such action or inaction that violates children's rights, freedoms and personal interests and/or disrupts 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 at risk of such harm. This harm results from an act or omission by a parent or another person responsible for the child, or by a person whom the child trusts or who has authority over the child. Physical violence against a child may be repetitive or a one-time act.
  • Psychological violence against a child is a chronic, non-physical, harmful interaction between a child and a caregiver, including both actions and omissions. It includes, among other things: emotional unavailability, emotional neglect, a relationship with the child based on hostility, blaming, defamation, rejection, developmentally inappropriate or inconsistent interactions with the child, failure to recognize or acknowledge the child's individuality and psychological boundaries between parent and child.
  • Sexual abuse of a child means involving a child in sexual activity that the child is unable to fully understand and to which the child is unable to give informed consent and/or for which the child is not developmentally mature and cannot legally consent and/or which is contrary to the legal or moral standards of a given society. Sexual abuse occurs when such activity takes place between a child and an adult or between a child and another child, if, due to their age or level of development, these persons are in a relationship of care, dependence or authority. Sexual abuse may also take the form of sexual exploitation, meaning any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting financially, socially or politically from the sexual exploitation of another person. The risk of sexual exploitation is particularly high during humanitarian crises. The risk of exploitation applies both to children and their caregivers (definition based on UN Bulletin ST/SGB/2003/13).
  • Neglect of a child means chronic or incidental failure to meet the child's basic physical and psychological needs and/or failure to respect the child's fundamental rights, causing disorders of the child's health and/or developmental difficulties. Neglect occurs in the relationship between a child and a person who is obliged to provide care, upbringing, attention and protection to the child.
  1. Offense to the detriment of a child – all offenses that may be committed against adults, as well as offenses that may be committed exclusively against children (e.g. sexual abuse under Article 200 of the Criminal Code[3]). Due to the specific nature of accommodation facilities, where it is easy to obtain an opportunity for seclusion, the offenses most likely to occur on their premises will be offenses against sexual freedom and morality, in particular rape (Article 197 of the Criminal Code), sexual exploitation of a person incapable of recognizing the significance of the act or incapable of resisting (Article 198 of the Criminal Code), sexual exploitation of dependence or a critical situation (Article 199 of the Criminal Code), sexual exploitation of a person under 15 years of age (Article 200 of the Criminal Code), grooming (seducing a minor by means of remote communication - Article 200a of the Criminal Code).
  2. Other forms of harming a child than committing an offense to the child's detriment – all forms of violence used against a child that do not meet the elements of an offense prosecuted by public indictment (e.g. shouting, humiliating, pulling, insulting, neglecting needs, etc.).
  3. Employee means a person employed under an employment contract or performing work under a similar contract (e.g. contract of mandate, contract for a specific task), as well as an intern, trainee, volunteer, etc.
  4. An employee employed to work with children is any person performing tasks or delegated to perform tasks related to the upbringing, education, leisure, treatment, provision of psychological counseling, spiritual development, sports or pursuit of other interests by minors, or caring for them.
  5. Entrepreneur – the body/entity/person managing a given facility or network of facilities, responsible for the proper formal operation of the facility.

CHAPTER I.
FACILITY EMPLOYEES

General principles

  1. HOTEL TRZEBNICA undertakes to educate its employees about circumstances indicating that a child staying at the facility may be harmed and about methods of responding quickly and appropriately to such situations. The facility may provide the above-mentioned education through various forms of training, e.g.: external or internal training, e-learning, educational materials developed by the hotel and available to employees, and educational materials available free of charge and developed by other organizations.
  2. Before being permitted to work, every employee is familiarized with the SOM, which is confirmed by submitting a statement and undertaking to comply with the principles and procedures contained in this document.
  3. Employees hired to work with children undergo periodic training, which is documented by the employer.
  4. HOTEL TRZEBNICA undertakes to take into account the situation of children with disabilities and children with special educational needs, adapting the developed guidelines to the specific nature and scope of the facility's operations.

Hiring persons to work 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 employed/delegated by HOTEL TRZEBNICA to work
    with children must be checked in the Register of Sex Offenders. This also applies to underage employees, i.e. those under 18 years of age. The person is checked in the Register by printing the search results for that person in the Register; the printout is then placed in the personal file of the person being checked.
  3. Furthermore, every person employed/delegated to work directly with children must provide information from the National Criminal Register concerning offenses specified in Chapters XIX and XXV of the Criminal Code, in Articles 189a and 207 of the Criminal Code, and in the Act of 29 July 2005 on Counteracting Drug Addiction (Journal of Laws of 2023, item 172 and of 2022, item 2600), or concerning acts prohibited under foreign law corresponding to those offenses.
  4. If the person employed/delegated holds citizenship other than Polish citizenship, they must also submit information from the criminal register of the country of which they are a citizen, obtained for the purposes of professional or volunteer activities involving contact with children, or information from the criminal register if the law of that country does not provide for issuing information for the above-mentioned purposes.
  5. The person employed/delegated must also provide a statement
    indicating the country or countries of residence during the last 20 years, other than the Republic of Poland and the country of citizenship, submitted under pain of criminal liability.
  6. If the law of the country from which information on the absence of a criminal record is to be submitted does not provide for issuing such information or does not maintain a criminal register, the person employed/delegated shall submit, under pain of criminal liability, a statement confirming this fact.
  7. The when submitting declarations under penalty of criminal liability, the following declaration is made: “I am aware of the criminal liability for submitting a false declaration.” This declaration replaces the authority’s instruction regarding criminal liability for submitting a false declaration.
  8. If the services of external entities are used, the establishment shall include in its agreement with such entity an appropriate provision enabling enforcement of an appropriate standard for checking the entity’s employees with regard to their safety around children. The provision shall enable the establishment to verify compliance with this obligation, subject to immediate termination of the agreement and a contractual penalty or other sanctions related to failure to meet the contractual conditions in this respect.

Scope of competences and responsibilities of persons appointed to implement the Standards for the Protection of Minors

  1. Supervision over the application of the SPM is carried out by the Entrepreneur.
  2. The Entrepreneur appoints an SPM coordinator (hereinafter referred to in the document as the “Coordinator”).
  3. The Coordinator is responsible for familiarising employees with the contents of the SPM and monitoring their application at Hotel Trzebnica
  4. The Coordinator organises and documents the employee education process
    regarding the recognition of symptoms indicating that a child staying at the establishment may be experiencing harm and the methods of responding quickly and appropriately to such situations, in accordance with the procedures adopted by the establishment.
  5. The Coordinator describes each intervention or reported incident related
    to harm to a child on the establishment’s premises in a document created for this purpose (e.g. an incident log or intervention register).
  6. In the event of a justified suspicion that a crime has been committed, the Coordinator is responsible for securing evidence, including surveillance recordings, and providing them at the request of the authorities in the form of a copy sent by registered mail or delivered personally to the prosecutor or the police.
  7. The Coordinator is responsible for conducting the procedure when a child has been harmed by an employee of the establishment or another adult who is not directly employed by Hotel Trzebnica but by a third party.
  8. The Coordinator is responsible for monitoring and updating the SPM and ensuring their availability to employees, guests and other entities cooperating with the establishment.
  9. The Coordinator’s details are available to all employees and guests of the establishment, including children.

Rules for safe employee–child relationships

  1. The following rules must be observed by all employees of Hotel Trzebnica, as well as by other adults who have contact with children on the establishment’s premises, if such contact takes place with the establishment’s consent.
  2. The overriding principle of all actions undertaken by employees who have contact with children on the premises of Hotel Trzebnica is to treat the child with respect and take into account the child’s dignity and needs.
  3. Employees and other adults must not use violence against a child in any form.
  1. Behaviour and practices expected of employees
  • Be patient and respectful when communicating with a child.
  • Listen carefully to the child and provide answers appropriate to the child’s age and the situation. When communicating with a child, try to keep your face at the child’s eye level.
  • Assure the child that if they feel uncomfortable in any situation, they can tell you or another designated person about it and receive help.
  • Inform the child where the SPM are located in the establishment, in a version they can understand. Assure the child that if they have any questions, they can contact you or another designated person.
  • Treat children equally regardless of their gender, sexual orientation, fitness/disability, social, ethnic, cultural or religious status, or worldview.
  • If you see a child or children left unsupervised and the situation may indicate a threat to the child’s safety, take action to locate the parent/guardian.
  1. Behaviour and practices unacceptable on the part of employees towards children at the establishment
  • You must not shout at, shame, humiliate, disregard or insult a child.
  • You must not hit, shove, push or otherwise violate the child’s physical integrity, unless there is a threat to the child’s health or life.
  • You must not establish any romantic or sexual relationships with a child or make inappropriate proposals to them. This also includes sexual comments, jokes and gestures, as well as making erotic or pornographic content available to children, regardless of its form.
  • You must not record a child’s image for private or business purposes (recording, photographing) without the consent of the child’s parents/guardians and the child themselves. This also applies to enabling third parties to record children’s images. An exception is when the child’s image is merely a detail of a whole, such as an assembly, landscape or public event; in such cases, the consent of the child’s parent/guardian is not required.
  • You must not contact a child through private communication channels (private telephone, e-mail, instant messaging services or social media profiles) or meet the child outside the workplace.
  • You must not offer a child alcohol, tobacco products or illegal substances.
  • Never touch a child if they do not want you to, or in a way that may be considered indecent or inappropriate.

If you witness any of the behaviours and/or situations described above involving other adults or children, always inform the person responsible at the establishment for implementing and monitoring the SPM (COORDINATOR: Łukasz Mroczkowski +48 535-101-192) or your direct supervisor.


CHAPTER II.
PROCEDURE FOR IDENTIFYING A CHILD DURING CHECK-IN AT RECEPTION

  1. The reception employee takes all possible steps to identify the child and their relationship with the accompanying adult.
  2. To identify the child and their relationship with the person accompanying them at the establishment, the following steps should be taken:
    1. ask for the child’s identity document or another document confirming that the adult has the right to care for the child. Examples of documents that may be used for identification include: identity card, school ID, the MObywatel application or a court decision. If there is no identity document or the person refuses to show it, ask for the child’s details (first name, surname, address and PESEL number).
    2. If there are no documents indicating a family relationship between the child and the adult, or the person refuses to show them, ask the adult and the child about the relationship.
    3. If the adult is not the child’s parent or legal guardian, they should be asked to present a document, e.g. a notarised consent from the parent for that person to travel with the child, or consent signed by the child’s parent indicating the child’s details, residential address, the parent’s telephone contact details and the identity document number/PESEL number of the person entrusted by the parent with the care of the child. If the adult does not possess any of the above-mentioned documents, they should be asked to complete a declaration in accordance with the template.
  3. If the adult refuses to present the child’s document and/or indicate the relationship, it should be explained that the procedure is intended to ensure the safety of children using Hotel Trzebnica and that, pursuant to the Act of 13 May 2016, the establishment’s employees must comply with child rights regulations. After explaining the matter in a positive manner, thank them for the time spent ensuring that the child is being properly cared for.
  4. If the conversation does not dispel doubts concerning suspicions about the adult and their intention to harm the child, particularly if they refuse to present an identity document or the child does not have such a document and the adult also refuses to submit a written declaration, the supervisor must be discreetly informed in a manner that does not arouse suspicion.
  5. From the moment the first doubts arise, both the child and the adult should, where possible, remain within the establishment employee’s line of sight and should not be left alone.
  6. The supervisor who has been informed of the situation takes over the conversation with the adult in order to obtain further explanations.
  7. If the conversation confirms the belief that an attempt has been made or a crime has been committed to the detriment of the child, the supervisor notifies the police. The procedure applicable to circumstances indicating that a child has been harmed is then followed (see Chapter III).
  8. If employees of other departments, e.g. cleaning services, room service, bar and restaurant staff, leisure area staff, security staff and others, witness unusual and/or suspicious situations, they should immediately notify their supervisor or, in their absence, the decision-maker who will take appropriate action.
  9. Depending on the situation and location, the supervisor verifies how well-founded the suspicion that the child has been harmed is. For this purpose, they select appropriate measures to clarify the situation or decide to intervene and notify the police.

CHAPTER III.
PROCEDURE IN THE EVENT OF CIRCUMSTANCES INDICATING THAT A CHILD HAS BEEN HARMED BY AN ADULT

  1. A justified suspicion that a child has been harmed arises when:
    1. the child discloses to an establishment employee that they have been harmed,
    2. the employee witnesses the harm,
    3. the child has signs of harm (e.g. scratches or bruises), and when asked, responds inconsistently and/or chaotically or becomes embarrassed, or other circumstances occur that may indicate harm, e.g. finding pornographic materials involving children in an adult’s room.
  2. An employee who has a justified suspicion that a child staying at the property is or has been harmed, they should immediately notify their supervisor/the decision-maker, who shall notify the police. In the event of an existing threat to the child's safety, the employee who has reasonable grounds to suspect that the child has been harmed shall immediately notify the police by calling 112 and describing the circumstances of the incident. Regardless of the above, the employee shall notify the Coordinator of Hotel Trzebnica of the incident.
  3. Every effort should be made to hinder or even prevent the child and the person suspected of harming the child from leaving the property.
  4. In the circumstances specified in the Code of Criminal Procedure, a citizen's arrest of the suspected person may be made. In such a situation, until the police arrive, the arrested person remains under the supervision of security staff or other hotel employees who may carry out such actions without endangering their own health or life.
  5. In every case, the child's safety must be ensured. Where possible, the child should remain in the care of an employee until the police arrive. Where possible, an attempt should be made to support the child.
  6. Where there is a reasonable suspicion that an offence has been committed involving the child's contact with the perpetrator's biological material (semen, saliva, epidermis), efforts should be made, where possible, to prevent the child from washing and eating/drinking until the police arrive. The child should be informed why such restrictions have been imposed on them.
  7. After the police have taken charge of the child, the monitoring footage and other relevant evidence (e.g. documents) relating to the incident must be secured and handed over to the Coordinator, who, at the request of the services, shall provide a copy thereof by registered mail or in person to the prosecutor or the police.
  8. After the intervention, the incident must be reported to the Coordinator, who shall describe it in the incident log or another document intended for this purpose.

CHAPTER IV.
PROCEDURE IN THE EVENT OF SUSPECTED OR CONFIRMED
HARMING OF A CHILD BY AN EMPLOYEE OR ANOTHER ADULT

  1. In the event of suspected harm to a child by an employee or another adult who is not directly employed by Hotel Trzebnica but by a third party, the person who becomes aware of this information should immediately inform the Coordinator of the fact, or, in their absence, another person designated for this purpose.
  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 the emergency number 112, providing their own details, the child's details (where possible), the place where the child is staying and a description of the circumstances of the case, and should notify their supervisor/the decision-maker, who shall notify the child's guardians/parents. The person who becomes aware of the incident shall also inform the Coordinator, at least by email/in writing.
  3. If an employee has subjected a child to a form of harm other than committing an offence against them, the Coordinator, upon receiving the information, should examine all the circumstances of the case, in particular by hearing the employee suspected of causing the harm and other witnesses to the incident. Where the violation of the child's welfare is significant, in particular where discrimination has occurred or the child's dignity has been violated, the Coordinator should recommend that the person managing the property take appropriate personnel action against that employee.
  4. If the person who caused the harm is not directly employed by Hotel Trzebnica but by a third party, it should be recommended that they be prohibited from entering the premises of Hotel Trzebnica, and, if necessary, the agreement with the third party should be terminated.

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

  1. In the event of confirmed harm to a child by a parent/legal guardian or another adult with whom the child is staying at the property, every employee who witnesses such harm should respond to it 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 the emergency number 112, providing their own details, the child's details (where possible), the place where the child is staying and a description of the circumstances of the case, and should notify their supervisor/the decision-maker. The person who becomes aware of the incident shall also inform the Coordinator, at least by email/in writing.
  3. If a property employee witnesses physical violence being used against a child (slapping, pulling, shouting, or other acts listed in the definition of physical violence), they should try to stop the harm and respond.
  4. If a child under 7 years of age is left unattended, the employee who becomes aware of such an incident should notify their supervisor. The supervisor who has been informed of the situation shall decide on further action, taking the circumstances into account and bearing in mind the context of the provisions of the Criminal Code and the Code of Petty Offences[4]. Depending on the circumstances, the supervisor shall attempt to find the parent/legal guardian or another adult with whom the child is staying on the property and explain that they may not leave the child unattended. If it is not possible to find the parent/legal guardian or another adult with whom the child is staying at the property, or if the parent/legal guardian/other adult does not wish to or is not able to take over care of the child, the supervisor shall notify the police of this fact. In every case, the child's safety must be ensured.

CHAPTER VI.
MONITORING AND EVALUATION OF THE STANDARDS FOR THE PROTECTION OF MINORS

  1. The Business Owner appoints a Coordinator responsible for the Standards for the Protection of Minors applied at Hotel Trzebnica and places their contact details in a location easily accessible to employees and hotel guests, including children.
  2. The Business Owner defines the scope of tasks and the Coordinator's competencies regarding the preparation of employees to apply the provisions of the SOM, the principles for preparing employees to apply them, and the method of documenting these activities.
  3. The Coordinator referred to in the preceding point shall monitor and evaluate the SOM once every two years.
  4. Monitoring and evaluation include verifying the implementation of the Standards, responding to signs of violations of the rules and procedures, and proposing changes to the document, particularly in terms of adapting them to current needs and ensuring compliance with applicable regulations.

Final provisions

  1. The Standards for the Protection of Minors shall enter into force on 15 August 2024.
  2. The Standards for the Protection of Minors are made available to all employees by placing them in the hotel reception documents.
  3. The Standards for the Protection of Minors are made available to guests by placing them on the Hotel Trzebnica website.
  4. The Standards for the Protection of Minors are made available in an understandable
    and abbreviated version for children staying at Hotel Trzebnica, in a place accessible to them.

[1] Under Polish law, a child is any person under eighteen years of age (Article 1 of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989). A minor is a person who has not reached the age of majority, i.e. a person under 18 years of age, or a woman who attained the age of majority by marrying after reaching the age of 16 (Article 10 § 1 and 2 of the Civil Code), which may take place with the consent of the guardianship court for important reasons and if the circumstances indicate that the marriage will be in the best interests of the family being established (Article 10 § 1 of the Family and Guardianship Code).

[2] Parents - Article 98 of the Family and Guardianship Code; guardian - Article 155 of the Family and Guardianship Code; foster parent - Article 1121 of the Family and Guardianship Code; temporary guardian; Article 25 of the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of that Country.

[3] Act of 6 June 1997, Criminal Code (consolidated text, Journal of Laws of 2022, item 1138, as amended).[

4] Criminal Code, Article 160 paragraphs 1 and 2; Article 210 paragraph 1, Code of Petty Offences, Article 106