Protection of minors | Noli Studios

STANDARDS FOR THE PROTECTION OF MINORS IN NOLI STUDIOS FACILITIES

Recitals

Acting in accordance with the act of 13^th of May 2016 on the Prevention of Sexual Crime Threats and the Protection of Minors, recognizing the important role of business in ensuring respect for the rights of children, in particular the right to protect their dignity and freedom from all forms of harm, Noli Studios adopts this document of standards for the protection of minors, which describes the rules of conduct to protect minors from threats and crimes against their sexual freedom.

Noli Studios undertakes its operational activities with respect for human rights, particularly the rights of children as vulnerable persons.

Noli Studios recognizes its role in undertaking socially responsible business and promoting desirable social attitudes.

Noli Studios recognizes the importance of the legal and social obligation to notify law enforcement authorities whenever a crime is suspected to have been committed against minors, and is committed to training its staff in this regard.

Noli Studios is committed to educating its staff about circumstances indicating that a minor that accommodates in one of Noli Studis facilities may be harmed. Additionally, Noli Studio is committed to respond quickly and appropriately to in any situation in which minor freedoms can be affected.

One of the forms of effective prevention of child abuse is the identification of the child staying in the Noli Studio facility and his/her relationship to the adult with whom he/she is staying in the facility. In this regard, possible steps shall be taken, within the available means and resources, to carry out the identification of the child and his/her relationship to the adult with whom he/she is staying at the facility, while respecting the privacy principles implemented by the General Data Protection Regulation (“GDPR”).

For purposes of these standards by:

Noli Studios means facilities operating under the Noli Studios brand,

the Law means the act of 13^th of May 2016 on the Prevention of Sexual Crime Threats and the Protection of Minors,

Standards mean the present Standards,

Child or minor means a natural person who is under 18 years of age,

Foreign adult means a person over the age of 18 who is not the child’s parent or legal guardian.

Harming a child means as committing a crime to the child’s detriment.

Crimes against a child are all crimes that can be committed against adults, plus crimes that can only be committed against children (e.g., Sexual Exploitation as specified in Article 200 of the Polish Criminal Code). Due to the nature of tourist facilities, where seclusion can easily be obtained, the crimes most likely to occur on their premises will be crimes against sexual freedom and morality, in particular rape (as specified in Art. 197 of the Polish Criminal Code), sexual exploitation of insanity and helplessness (as specified in Art. 1978 of the Polish Criminal Code), sexual exploitation of dependence or critical position (as specified in Art. 199 of the Polish Criminal Code), sexual exploitation of a person under 15 years of age (as specified in Art. 200 of the Polish Criminal Code), grooming (seduction of a minor by means of remote communication – as specified in Art. 200a of the Criminal Code).

Procedure in case of suspected child abuse

If possible, identification of the child and his/her relationship with the adult with whom he/she is in the facility should be made. Identification shall be made in compliance with the provisions of the GDPR.

If justified by the circumstances and capabilities of Noli Studios, in unusual or suspicious situations indicating a possible risk of child abuse, identification shall also be carried out by a Noli Studios employee. Examples of situations that may raise suspicion are included in Appendix 1.

To identify the child and his/her relationship to the person with whom he/she is staying at the facility, the following steps are taken:

As part of the checkin process, the adult submits a statement that he/she is the legal guardian of the child or that he/she has the legal guardian’s permission to care for the child.

If the statement specified in point a is not made or a Noli Studios staff member becomes suspicious of its veracity, the Noli Studios staff member should inquire about the child’s name and the child’s relationship to the person with whom the child has arrived at or is staying at the facility as well as shall verify child’s documents and documents which contain consent of child’s parents or legal guardian for travel. For this purpose, Noli Studios staff member may ask to see the child’s identification document or other document¹ confirming that an adult has the right to take care of the child in the facility. In the absence of an identity document, Noli Studios staff member can ask for the child’s data (name, surname, home address, date of birth).

In the absence of documents indicating the relationship between the child and the adult, the adult and the child should be asked about this relationship. An example of an interview scheme with an adult and a child can be found in Appendix 2.

If the adult is not the child’s parent or legal guardian, Noli Studios staff member shall ask if the adult has a document showing parental consent for the adult to travel together with the child (e.g., a written statement).

If the adult does not have a parental consent document or other similar document, Noli Studios staff member shall ask for the phone number of the child parents to call and confirm the child’s presence in the facility. If the adult refuses to provide such a phone number, Noli Studios staff member shall obtain a written statement from the adult containing his/her name, identity card number, the child’s name and date of birth, along with information, about the child’s relationship with the adult and a statement that the parents/legal guardians have consented to the adult taking care of the child.

In the event of resistance on the part of the adult to show the child’s document or to indicate the relationship with the minor, it should be explained that the procedure serves to ensure the safety of children using the facility and was developed in consultation with NGOs working on the subject.

After explaining the matter in a positive manner, Noli Studios staff member shall apologize for any inconvenience the procedure might have caused, make sure the child is well taken care of and once again emphasize that the procedure that was followed was designed to ensure the safety of children.

If the conversation between Noli Studios staff member and the adult does not dispel any doubts about the suspicion against the adult and his/her intention to harm the child, Noli Studios staff member shall discreetly notify the supervisor and security personnel (if they are on the premises at the time).

From the moment the first doubts arise, both the child and the adult should be under constant observation of the staff and not be left alone.

The supervisor who has been notified of the situation shall decide to notify the police or, if in doubt, take over the conversation with the suspected adult for further clarification.

In the event that the conversation confirms the belief that an attempted or committed crime against the child, the supervisor shall notify the police. Further the procedure is followed in case of circumstances indicating harm to the child.

If unusual or suspicious situations are witnessed by Noli Studios staff members including security or cleaning service and others, they should immediately notify the supervisor, who will decide on appropriate action.

Depending on the situation and location, the supervisor shall verify the extent to which the suspected child abuse is justified. For this purpose, the supervisor selects appropriate measures leading to clarification of the situation or decides to intervene and notify the police.

Procedure in case of circumstances indicating that a child is being harmed

Having a reasonable suspicion that a child in the facility is being harmed, Noli Studios staff member shall immediately notify the police by calling 112 or 997 and describing the circumstances of the incident. Depending on the dynamics of the situation and circumstances, the call is made by the person who directly witnesses the incident. If the notifier is an employee of Noli Studios, at the same time the supervisor must be informed about the incident.

A reasonable suspicion of child abuse occurs when:

the child has disclosed the fact of abuse to a Noli Studios staff member,

Noli Studios staff member has observed the abuse,

the child has signs of abuse on him or her (e.g., scratches, bruises), and when asked, the child responds incoherently or chaotically or becomes embarrassed, or there are other circumstances that may indicate abuse, e.g., finding pornographic materials involving children in an adult’s room.

If one of the situation described in point 2 takes place, if possible, the child and the person suspected of child abuse should be prevented from leaving the facility.

In justified cases, a civil detention of the suspected person may be made. In such a situation, until the arrival of the police, the person should be kept under the supervision of two Noli Studios staff members in a separate room away from the view of other guests.

In all cases, the safety of the child should be ensured. The child should be under the supervision of a Noli Studios staff member until the arrival of the police.

In the case of a reasonable suspicion that a crime has been committed related to the child’s contact with the perpetrator’s biological material (sperm, saliva, epidermis), the child should be prevented, if possible, from washing and eating/drinking until the arrival of the police.

After the police picks up the child, Noli Studios staff member shall secure the surveillance footage and other relevant evidence (e.g., documents) of the incident and, if requested by the law enforcement authorities, provide a copy of such items by registered mail or in person to the prosecutor or the police.

After the intervention, Noli Studios staff member shall describe the incident in the incident log or other document intended for this purpose.

Appendix 1: Situations that may indicate that a child is being harmed

NOTE: The occurrence of certain indicators does not automatically mean that there is abuse of a minor. It is important to be vigilant and pay attention to situations that may cause concern. A situation in which the relationship between an adult and a child does not seem casual and caring may also be seemed as concerning.

Hosts

Guest does not want to provide his personal information or that of his child.	Guest takes the child directly to the room, gives the impression that he/she does not want the child to make contact with the staff members.
Guest states that he/she does not have his/her own or his/her child’s documents; he/she does not want to give an explanation.	Guest who registers with a child invites other people who are not guests of the Facility (such people may appear for a short time).
Guest pays in cash or with a prepaid card. He/she pays daily (doesn’t know how much he’ll stay for) or asks someone else to pay for the overnight stay.	Guest rents a room for hours, or not for the whole day; or rents a room for a very long period of time.
Guest brings goodies or items to give to children as gifts.	Guest who arrives with a child has no luggage or arrives with very little luggage (a carry-on bag/activity bag).
Guest shows up at the Facility with a child he/she has not stayed with before.	Guest behaves toward the child in a sexually charged manner, and the relationship between the adult and the child does not seem natural and caring.
Guest with a child rents a room that has fewer beds than people – for example, a double bed	Child is dressed in a manner inappropriate to the weather or inappropriate to the adult with whom he or she came to the facility.
During registration, the child appears anxious, stressed or forced to stay in the facility with an adult.	Children selling small items or begging around the facility.
The child arrives at the Facility late at night or at a time when he or she should be at school.	The child does not know where he or she is or when asked about the destination gives inconsistent answers.

Cleaning staff

“Do not disturb” sign constantly visible on the door of the room where children are staying.	No request for room cleaning or refusal to enter the room throughout the guest’s stay.
Lots of banknotes/cash spotted in the room (may indicate illegal payments).	Children left unattended in the room for long periods of time or not leaving the room at all (e.g., food is brought to them).
Computers, cell phones, credit card readers noticed in the room in large numbers.	The adult and children do not often or hardly at all leave the room, or leave only during hours when few guests move around the facility.
There are children’s clothes or toys in the room, even though the child is not registered at the facility.	Adults who are not guests stay in the lobby, seem to observe the area and contact the guest who came with the child.
A large amount of alcohol or drugs in a room where an adult checked in with a child is noticed.	In a room where an adult has checked in with only a child/children, there are condoms or sexual toys etc. left in plain sight.

Appendix 2: An example of an adult and child interview scheme applied during checkin process

When talking to an adult, be calm, polite and patient.

At the beginning of the conversation, it is a good idea to inform the adult that the facility has child protection procedures in place and, therefore, the staff member may ask additional questions to verify the child’s information or the relationship between the child and the adult.

There may be situations where the adult feels uncomfortable, expresses opposition or dissatisfaction. This MUST NOT mean that the person is a potential offender.

Example of a conversation with a guest:

“Our facility has child protection procedures in place, therefore, at the time of registration, we ask you to present identification documents of all guests. Does the child have an ID with him/her?” (ID card, passport, other).

If the child does not have a document or, after checking it, is not sure that the adult is the child’s legal guardian, Noli Studios staff member can ask the following questions to help determine the situation:

What is the child’s name, how old is he/she?

Are you the child’s legal guardian, or is the child related to you? Do you have a document authorizing you to take care of the child?

Do you have a certificate from the child’s guardians that the child is in your care?

Do you have a phone number for the child’s guardians so we can confirm this?

For what purpose are you traveling with your child?

Sample conversation with your child:

What is your name, how old are you? Where do you live?

Who is the person you came/are staying/traveling with?

Do you know this adult well?

Where are your parents? We would like to contact them – do you have their phone number?

If the adult is responsible for the child, Noli Studios staff member shall inform the adult that a conversation with the child is required. If the adult makes it difficult to contact the child, Noli Studio staff member can emphasize that in a situation where it is impossible to identify the child, the police may be notified.

Noli Studios staff member shall inform the adult that the processing of the child data are based on Noli Studios legitimate interests and is also aiming at protecting the child against any potential threats. Asking the questions, Noli Studios staff member is acting to comply with the Law.