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STANDARDS OF MINORS’ PROTECTION

PREAMBLE

  • The Perła Brewery Underground in Lublin, as the organiser of activities related to developing minors’ interests, having regard to securing the well-being of minors taking part in events included in the Brewery Underground’s programme, pursuant to the obligation imposed under Articles 22b and 22c of the Act of 13 May 2016 on Counteracting the Threat of Sexual Offences and on Protecting Minors (consolidated text, Journal of Laws of 2024, Item 1802, as amended) hereby establishes the Standards of Minors’ Protection (hereinafter referred to as the “Standards”):
  • This document sets out intervention procedures, preventive and educational measures, the rules for preventing child abuse, and where such abuse occurs – the document sets out the rules for mitigating its effects through accurate and effective support provided to a minor, and specifies the responsibility of the Brewery Underground’s personnel for the safety of children staying on site.

CHAPTER I

GENERAL PROVISIONS

  • Key definitions:
    • The Act – shall be understood as the Act of 13 May 2016 on Counteracting the Threat of Sexual Offences and on Protecting Minors (consolidated text, Journal of Laws of 2024, Item 1802, as amended) );
    • Perła Brewery Underground Employees – shall mean all persons employed with the Brewery Underground or persons performing tasks ordered by the Brewery Underground, authorised to perform activities related to minors’ education and to minors’ pursuit of interests or any other activities referred to in Article 21 (1) of the Act, notwithstanding the legal basis for the work performed by such persons;
    • Child/Minor – shall mean a person under 18 years old;
    • Child Abuse – shall be understood as the commission of a prohibited act against a minor by any adult or juvenile person, including any member of the Brewery Underground’s personnel, or any other threat to the well-being of a minor, including physical abuse, emotional abuse, sexual abuse, economic abuse and neglect;
    • Physical Abuse – shall be understood as intentionally inflicting a bodily injury, inflicting pain or making threats related to a bodily injury;
    • Emotional Abuse – shall be understood as intentionally humiliating, discrediting, or ridiculing a person, making persistent and non-constructive criticism, engaging a minor in a conflict between adults, manipulating, failing to provide support, posing inadequate requirements and expectations;
    • Sexual Abuse – shall be understood as engagement of a minor in any sexual activities by an adult, including behaviour consisting in a physical contact or behaviour not involving physical contact (e.g., showing pornographic contents, recording a minor’s image in pornographic materials, voyeurism, exhibitionism);
    • Economic Abuse – shall be understood as neglecting the obligation to provide a minor with appropriate conditions for development as part of resources available to minors’ guardians;
    • Neglect – shall be understood as neglecting the obligation to meet the fundamental material and emotional needs of a minor by their guardians, in particular the obligation to provide sufficient nutrition, clothing, place of residence, healthcare, safety, mental support, and supervision over the fulfilment of the schooling obligation by such minor. Economic abuse is one of the forms of neglect.
    • Person Responsible for the Standards – shall mean a Brewery Underground employee appointed by the Brewery Underground’s manager under an order issued to that effect.

CHAPTER II

RULES FOR SAFE RECRUITMENT AND COOPERATION IN RESPECT OF ACTIVITIES FOR CHILDREN

  • In the Brewery Underground, employees are recruited on the basis of candidates’ preparation for work with children.
  • Prior to entering into a contract of employment or allowing a person, under any legal basis, to perform activities related to minors’ education and pursuit of other interests, or any other activities referred to in Article 21 (1) of the Act, it is necessary to obtain information whether a given person is listed in the Register of Sex Offenders (restricted access register) or the register of persons with respect to whom the State Board for Counteracting the Sexual Abuse of Minors Aged under 15 has issued a decision on entry in the Register.
  • A job candidate shall submit to the Brewery Underground information from the National Criminal Register in respect of offences stipulated in Chapters XIX and XXV of the Act of 6 June 1997 – the Criminal Code (consolidated text, Journal of Laws of 2024, Item 17, as amended) in Article 189a and Article 207 of the Criminal Code and the Act of 19 July 2005 on Counteracting Drug Abuse (consolidated text, Journal of Laws of 2023, Item 1939, as amended) or in respect of prohibited acts equivalent to the said offences under foreign legal regulations.
  • A job candidate who is a national of a country other than the Republic of Poland shall also submit to the Brewery Underground information from the criminal register maintained in his/her state of nationality for the purpose of professional activities or volunteer work involving contacts with children.
  • A job candidate shall submit to the Brewery Underground a statement on the state or states in which he/she resided in the last 20 years, other than the Republic of Poland and the state of nationality, and shall represent that he/she has not been convicted in the aforementioned states under a final and binding judgement for prohibited acts equivalent to the offences stipulated in Chapters XIX and XXV of the Criminal Code, Article 189a and Article 207 of the Criminal Code and in the Act of 29 July 2005 on Counteracting Drug Abuse, and that no other ruling has been made under which it is found that the job candidate committed such prohibited acts, and that he/she is not subject to an obligation arising from a ruling of a court, other authorised body or from applicable laws in respect of a ban on holding any or specified positions, practising any or specified professions or performing activities related to minors’ education or pursuit of interests, and at the same time he/she shall submit to the Brewery Underground information from criminal registers of such states, obtained for the purpose of professional activities or volunteer work involving contacts with children.
  • The statements referred to in par. 5 shall be made under penalty of perjury.
  • Candidates conclude their statements made under penalty of perjury with the following statement: “I am aware of criminal liability for making false statements”. This statement replaces the entity’s instruction about criminal liability for making false statements.
  • Templates of statements about nationality/nationalities and places of residence in the last 20 years, and a statement of no criminal record and pending investigations, court or disciplinary proceedings are attached as Appendix 1 to these Standards.
  • If the Brewery Underground initiates collaboration with other institutions, companies or organisers in respect of activities related to minors’ education, leisure activities or pursuit of other interests, or to the care for minors, the organiser is obliged to ensure safe recruitment of employees/personnel through the application of procedures described in Chapter II.
  • Such entities shall confirm the application of the procedures for the safe recruitment of employees/personnel with a written statement submitted to the Person Responsible for the Standards.
  • Print-outs from the Register and information from the National Criminal Register are stored in employee personal files or similar documentation concerning a trainee, a volunteer, or a person hired under a civil-law agreement. Before an employee is authorised to commence work, such person
    • shall read the Standards in place at the Brewery Underground;
    • shall sign a statement confirming that he/she has read the Standards and undertakes to comply with them (Appendix 2).
  • Brewery Underground employees shall be verified against the Register at least once in a calendar year, whereas the Brewery Underground reserves the right to verify Brewery Underground employees each time before they are allowed to perform their obligations, where necessary.

CHAPTER III

RULES OF SAFE RELATIONS BETWEEN THE PERSONNEL AND CHILDREN

§1

  • The Brewery Underground has put in place rules of safe relations between the personnel and children. All Brewery Underground employees have been acquainted with the rules and are obliged to observe them, which they confirm by signing a statement to that effect – Appendix 2 to these Standards.
  • Brewery Underground employees treat children with respect, and with their dignity and sensitivity in mind.
  • Brewery Underground employees are obliged to maintain professional relations with minors, and to take into consideration each time whether a given response, message or action towards a minor is adequate to a given situation, safe, and justifiable.
  • The Brewery Underground personnel constantly monitor the situation and minors’ well-being, and the appropriateness of relations between minors and members of Brewery Underground personnel and between minors themselves.
  • Any behaviour that may be interpreted as bullying or harassment on the part of both adults and minors themselves shall not be allowed at the Brewery Underground. Once a member of Brewery Underground personnel identifies any forms of violence between Minors or between Minors and their Guardian, such Brewery Underground personnel member is obliged to immediately and adequately respond to the situation by ending the conflict.

§2

  • Brewery Underground employees, co-operators and organisers shall:
    • show minors respect, taking into account their needs, expectations, and experience, convictions and different points of view arising from being a minor;
    • listen to minors and try to hold conversations in a manner that is adjusted to a given situation and the age of a minor;
    • refrain from embarrassing, disregarding or insulting minors;
    • create the culture of openness and mutual responsibility, favouring the will to report and discuss all issues regarding the protection of children in the Brewery Underground;
    • avoid favouritism towards children and treat everyone fairly and equally;
    • respond to any signs of discrimination, violence, and hate speech;
    • refrain from using any forms of abuse.
  • Direct contact with minors may not be covert or secret, may not involve any form of gratification or result from subordination relations.
  • Brewery Underground personnel members are not allowed to
    • engage in any behaviour that may be characterised as other forms of physical, mental, or sexual abuse,
    • engage in any behaviour that is aimed at shaming, humiliating, depreciating or degrading a Minor,
    • engage in inappropriate physical contact with a Minor, infringing his/her dignity,
    • accept or participate in any illegal activities involving a Minor,
    • initiate romantic or sexual relations with a Minor,
    • tell jokes having sexual, obscene or vulgar overtone in the presence of Minors,
    • violate minor’s personal inviolability through full and strong grasp, embrace, or patting body parts considered to be intimate,
    • hit, poke, push or engage in any other behaviour aimed at humiliating a Minor,
    • touch a Minor in manner that may be considered to be indecent or inappropriate.
  • Physical contact is allowed in the following circumstances:
    • In the event of response to the emotional needs of a young child or a child with disabilities, e.g., holding their hands or hugging an adult;
    • the need to firmly intervene in situations where a Minor’s behaviour is aggressive – if such participant poses threat to his/her life and health or the life and health of persons nearby;
    • a Minor’s attempt to destroy the property of Brewery Underground, and his/her failure to respond to verbal instructions from employees/personnel. In such event, the Minor’s guardian may safely intervene;
    • Direct physical contact is also allowed in a situation where it is necessary to take action in the sphere of first aid (emergency operations related to providing first aid), threat or panic resulting from external factors (fire, severe weather conditions, dangerous behaviour of third persons, the need to evacuate, etc.);
    • assistance to a Minor with disabilities in moving around the museum exhibition.
  • If any of the aforementioned behaviours occurs, the Brewery Underground personnel must inform the Person Responsible for the Standards thereof.
  • In verbal communication, the Brewery Underground personnel may not:
    • evoke a sense of threat (threats, insults, shouting);
    • diminish or destroy Minors’ self-esteem (responses inadequate to a given situation, evoking a sense of guilt);
    • humiliate Minors (publicly mocking, ridiculing others);
    • cross boundaries (failure to keep appropriate distance, impertinence, erotic overtones).
  • All suspected instances of inappropriate behaviour on the part of Brewery Underground employees and co-operators towards children and youth are investigated without undue delay.
  • Employees’ failure to adhere to the above provisions and rules shall be considered as violation of essential employee obligations with all related consequences, including the termination of an employment contract.

CHAPTER IV

RULES OF SAFE RELATIONS BETWEEN MINORS DURING THEIR STAY IN THE BREWERY UNDERGROUND

  • The Brewery Underground has put in place rules of safe relations between minors.
  • The rules shall be observed by all employees and partners of the Brewery Underground.
  • Minors are obliged to respect the rules and standards in place at the Brewery Underground, including, in particular, the Standards of Minors’ Protection.
  • Minors are obliged to respect the individual rights and freedoms of their peers, their right to express their opinions, make mistakes and have their individual views, their appearance, and behaviour.
  • In the event of gross misconduct infringing the rules and standards in place at the Brewery Underground, Minors shall immediately inform an employee of the Brewery Underground or their guardian about such behaviour.
  • A Minor’s guardian shall be responsible for the Minor during their participation in the Brewery Underground’s events and is obliged to intervene if rules and standards in place at the Brewery Underground are violated.
  • If a Minor is witness to harming another minor or violating the regulations and rules in place at the Brewery Underground, he/she should report such fact to an employee of the Brewery Underground.
  • The following conduct is not allowed at the Brewery Underground:
    • using aggression, physical, mental, and sexual violence against peers;
    • using verbal aggression and violence in the form of insults, ridicule, mockery or threats;
    • insulting, humiliating, disrespecting and shaming others;
    • using vulgar language, offensive gestures, or telling inappropriate jokes;
    • expressing sexual messages or initiating sexual relations;
    • misusing one’s advantage over another person;
    • engaging in physical attacks;
    • threatening, blackmailing;
    • coercing other people to take inappropriate actions;
    • photographing or filming incidents featuring minors, and making such contents available to the public without their guardians’ consent;
    • creating dangerous situations on site of the Brewery Underground;
    • engaging in theft, extortion;
    • distributing and using narcotic drugs.

CHAPTER V

INTERVENTION PROCEDURE IN THE EVENT OF CHILD ABUSE

§1

Intervention rules

  • The Brewery Underground personnel shall assess the risk and pay attention to the symptoms of child abuse.
  • Particular attention should be given to the following risk factors:
    • visible injuries (bruising, bite marks, wounds) whose origin is difficult to explain;
    • outfits that cover too much of one’s body and are inadequate to existing weather conditions;
    • fear of a guardian, concerns about returning home;
    • fear of adults;
    • use of psychoactive substances;
    • excessively seeking contacts with adults;
    • occurrence of violence or sexual motifs in a minor’s art work, conversations and/or behaviour;
    • excessive minor’s sexual arousal, inadequate to his/her age.
  • If a member of the Brewery Underground personnel suspects child abuse or obtains such information, the employee of the Brewery Underground is obliged to immediately inform the Person Responsible for the Standards about the situation. The notifying employee shall:
    • present the forms and circumstances of abuse he/she has observed or suspects;
    • inform the Person Responsible for the Standards about child’s behaviour or utterances that might indicate that they experience abuse.
  • An intervention sheet shall be drawn up to document the course of intervention, according to the template attached to the Standards as Appendix 3.
  • Brewery Underground employees who have information about child abuse or other related information, are obliged to keep it secret, excluding information provided to the Brewery Underground manager and authorised institutions as part of intervention actions.
  • If the suspicion of threat to a child’s safety has been reported by a minor’s guardians, and such suspicion has not been confirmed, the minor’s guardians must be informed about the fact in writing, and an intervention sheet must be drawn up.
  • In the event of a suspicion that a Minor’s life is threatened, an employee of the Brewery Underground is obliged to immediately notify competent services about the fact (police, ambulance) by calling the emergency number (112).
  • Intervention sheets are stored by the Person Responsible for the Standards for a term corresponding to the statute of limitations applicable to alleged prohibited acts referred to in such intervention sheets, as provided for in legal regulations in force; however, in no event such term shall be shorter than 2 years.

§2

Rules of procedure in the event of child abuse by an employee of the Brewery Underground

  • If an employee of the Brewery Underground or another person is informed that a child is abused, or a child or the child’s guardian report abuse, personnel members are obliged to draw up an official memo (Appendix 4) and transfer the obtained information to the Person Responsible for the Standards.
  • Employee suspected of abusing children shall be immediately withdrawn from any forms of contacts with minors until the matter is resolved.
  • Relevant findings are included in an intervention sheet (Appendix 3).
  • The intervention sheet shall be attaches to personnel files or documentation of the Brewery Underground personnel member concerned.
  • The Person Responsible for the Standards and the intervention team should examine all facts of the case, hear the minor, in particular the minor’s guardian, the employee suspected of child abuse, and any other persons who might have knowledge of the situation.
  • Specialists, in particular psychologists and educators, may be engaged in the intervention, to provide support during conversations with a given child about his/her difficult experience.
  • The intervention team shall decide about further procedure.
  • If, in the course of intervention, it is suspected that an offence has been committed against a Minor, the Person Responsible for the Standards, in collaboration with the intervention team, shall prepare an alleged offence report and submit it to a competent police unit or prosecutor’s office.
  • If it is confirmed in the course of intervention that an employee is found guilty of abuse in respect a Minor, other than the commission of an offence against such Minor, relevant disciplinary measures provided for in the Labour Code and Work Rules & Regulations should be considered, including the termination of the employment contract.

§3

Rules of procedure in the event of child abuse by an adult who is not an employee of the Brewery Underground

  • If it is reported that a minor is abused by a person who is not an employee of the Brewery Underground, the Person Responsible for Standards interviews the Minor and other persons who have or might have information about the incident and on the minor’s personal (family, health) situation, in particular the minor’s guardian. The Person Responsible for the Standards shall attempt to determine the course of the incident, and all the findings shall be included in an intervention sheet.
  • If possible, the Person Responsible for the Standards, shall arrange a meeting with the minor’s guardian to provide information about the incident and the need to use specialist support, including from other institutions and services.
  • If it is found that the minor’s guardian neglects his/her mental and physical needs or the minor’s family is incapable of raising a child, competent family welfare centre should be notified about the need to provide support to such a family.
  • If it is found that a Minor is experiencing violence and neglect from his/her family, competent family welfare centre should be notified about the need to institute the “Blue Cards” procedure [domestic violence procedure].
  • If an offence has been committed against a Minor, and alleged offence report shall be prepared and submitted to a competent police unit or prosecutor’s office.
  • Further actions fall within the powers of the aforementioned institutions.

§4

Rules of procedure in the event of child abuse by a minor

  • If it is suspected that a child is abused by another child staying in the Brewery Underground during a visit or in the Brewery Underground area, the Person Responsible for the Standards and the intervention team shall establish all facts related to the child abuse situation that has occurred.
  • The team hold interviews with the Minor suspected of abuse and his/her guardians, if possible, and hold separate interviews with the Minor experiencing abuse and his/her guardians, if possible. All findings are included in the intervention sheet.
  • In the course of the actions being taken, it is necessary to determine whether the Minor who is suspected of abuse is not abused by his/her guardians, other adults or other minors.
  • If suspicions referred to in par. 3 are confirmed, intervention should also be made in respect of the said child.

§5

Further procedures

  • If, in the course of intervention made in line with the above procedure, it is suspected that an offence has been committed against a Minor, the Brewery Underground manager shall prepare an alleged offence report and submit it to a competent police unit or prosecutor’s office. If it is suspected that an offence involving violence or a offence against sexual liberty has been committed, such offence report should be filed without undue delay.
  • If, based on the conversation with a guardian, it can be inferred that he/she is not interested in helping the minor, ignores the incident or fails to demonstrate support to the minor, the Brewery Underground manager prepares a motion to examine the family’s situation to a competent family court.

CHAPTER VI

ABUSED CHILD SUPPORT PLAN

The Brewery Underground does not employ specialists who would be able to independently prepare an abused child support plan. If abuse has occurred, the institutions to which the Brewery Underground reports such incidents are responsible for implementing a support plan for such minor.

CHAPTER VII

The protection of children’s image and personal data at the Brewery Underground

  • The Brewery Underground assures highest standards of minors’ personal data protection in line with the legal regulations in force.
  • Acknowledging minors’ right to privacy and to the protection of their personal rights, the Brewery Underground shall ensure the protection of child’s image.
  • The Brewery Underground does not record or publish minors’ images without the written consent of individual minor’s guardians.
  • Pursuant to Article 81 (2)(2) of the Act on Copyright and Related Rights, if a minor’s image constitutes only a small details of a greater whole, such as a gathering, landscape, or public event, the consent to record a minor’s image from guardians is not required.
  • If event recording tasks are commissioned to a third party, the Brewery Underground shall ensure children’s safety through:
    • obliging such entity to comply with these guidelines,
    • eliminating a situation where a person representing the recording entity stays with children unattended by a Brewery Underground employee;
    • informing parents/legal guardians and children that a persons representing the third party will be present during the event, and making sure that the parents/legal guardians have consented to the recording of their children’s images.
  • If children, parents, or legal guardians have not consented to the recording of child images, it will be agreed in advance how the person responsible for event recording will be able to identify the child so as not to record his/her image on individual and group photographs.
  • The Brewery Underground stores materials containing children’s images in a manner that is compliant with the law and safe for children.
  • The materials shall be stored for a period required by law on archiving or for a period required by the Brewery Underground.
  • The Brewery Underground does not consent to the employees’ use of their personal recording devices (i.e., mobile phones, cameras, video cameras) to record minors’ images.

CHAPTER VIII

RULES OF MAINTAINING DOCUMENTATION AND DOCUMENT REVISION

  • Each report by way of an intervention sheet shall be included in an incident register.
  • The intervention register shall be maintained and stored by the person responsible for implementing Standards of Minors’ Protection at the Brewery Underground.
  • The register may be accessed by competent authorities.
  • The abbreviated version of the standards is published on the website of the Brewery Underground.
  • The Standards of Minors’ Protection shall be updated at least once in two years.
  • The personnel of the Brewery Underground may submit their remarks, and suggest amendments in relation to the provisions included in these Standards to the Person Responsible for the Standards, and may report violations of the Standards.
  • All amendments to the Standards are adopted by the Brewery Underground manager.

CHAPTER IX

RULES FOR PREPARING THE PERSONNEL TO APPLY THE STANDARDS AND THE METHOD FOR DOCUMENTING THE TASK

  • Every employee commencing work at the Brewery Underground is obliged to read the policy and the Standards of Minors’ Protection in force. Employees acknowledge that they have read the Standards by way of a statement the moment they sign their contract.
  • Brewery Underground co-operators acknowledge that they have read the Standards of Minors’ Protection in force by way of a signature on a contract which includes a clause to that effect.
  • Employees of an entity that provides services consisting in activities with children and youth are acquainted with the policy and standards prior to engaging in such activities. The obligation to verify their employees and responsibility for documenting the process rests with the entity, as stipulated in a contractual clause to that effect.

CHAPTER X

RULES AND METHODS FOR MAKING THE STANDARDS AVAILABLE TO BE READ AND APPLIED BY PARENTS, GUARDIANS, AND MINORS

  • The current version of the Standards of Minors’ Protection is placed on the Brewery Underground website in the following tab: www.perla.pl/atrakcje/podziemia-browaru/ while a printed version is available at the Tour Route Office.
  • The abbreviated version of the Standards is available on the Brewery Underground website in the following tab: www.perla.pl/atrakcje/podziemia-browaru/ and in a visible place at the Tour Route Office. The abbreviated version is attached to these Standards as Appendix 4.

CHAPTER XI

FINAL PROVISIONS

  • The standards shall take effect on the date of their announcement.
  • List of Appendices to the Standards:
    • Appendix 1 – Statement of no criminal record
    • Appendix 2 – Statement confirming acquaintance with the Standards of Minors’ Protection
    • Appendix 3 – Intervention sheet
    • Appendix 4 – Abbreviated version of the Standards


App. 4