Opera Wrocławska
Standards for the Protection of Minors

Standards for the Protection of Minors

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Child Protection Standards at the Wrocław Opera

The staff members responsible for applying and monitoring compliance with the Standards, as well as for carrying out other duties set out in the Standards, are:

Ms Dorota Sosna, email: dorota.sosna@opera.wroclaw.pl, tel. +48 71 370 89 06;
Ms Maja Czerwińska, email: maja.czerwinska@opera.wroclaw.pl, tel. +48 71 370 89 06;

Wrocław Opera is introducing Standards for the Protection of Minors to ensure that children and young people who use or wish to use the services of cultural institutions are provided with a safe environment organised with respect for their rights and dignity. The Wrocław Opera assures that its activities are organised in such a way as to ensure that children and young people have free access to its educational and cultural programmes in a manner that is safe and comfortable for them, free from hazards and inappropriate behaviour, and in particular free from any form of violence or discrimination.

Chapter I General Provisions

§ 1

Whenever these Standards refer to:

1. the Opera, the institution, the entity – this shall mean the cultural institution, i.e. Wrocław Opera, with its registered office at: ul. Świdnicka 35, 50-066 Wrocław;

2. the director – this shall mean the Director of Wrocław Opera;

3. a staff member – this shall mean any person employed under an employment agreement, appointment or nomination as well as a person performing paid work under a civil-law agreement and volunteers, trainees and interns;

4. a minor – this shall mean a natural person who has not reached the age of 18;

5. the human resources management department – this shall mean the organisational unit of the Opera dealing with HR and employee matters;

6. a staff member responsible for the performance of an agreement or activities involving minors – this shall mean a staff member of the organisational unit of the Department of Artistic Work Production and Coordination or the Department of Marketing, Education and Audience Services whose scope of duties includes any form of coordination, supervision or conducting activities involving minors or caring for them or a staff member who is substantively responsible for the performance of an agreement whose subject concerns the above-mentioned activities involving minors;

7. the secretariat – this shall mean a staff member employed in the organisational unit known as the Secretariat;

8. the designated person – this shall mean a staff member of the institution designated by the Director, responsible for applying and monitoring the application of the Standards as well as performing other duties specified in the Standards;

9. the Register – this shall mean the Register of Sexual Offenders, maintained by the Minister of Justice.

§ 2

1. Staff members implement the principles of protection of minors within the framework of applicable law, the internal regulations of the entity and within their respective scope of competence.

2. The principles of safe relations between staff members and minors, as specified in the Standards, apply to all staff members, co-workers, trainees, interns, volunteers as well as any person having contact with minors under the care of Wrocław Opera if such contact takes place with the consent of the institution and/or on its premises.

Chapter II Principles of safe recruitment of staff members admitted to activities related to the education of minors and the development of their interests

§ 3

1. Wrocław Opera ensures that employed persons, including persons performing work under civil-law agreements and volunteers/trainees/interns, have appropriate qualifications to work with children if they are to be admitted to activities related to upbringing, education, leisure, treatment, psychological counselling, spiritual development, practising sport or pursuing other interests by minors or to caring for them. In connection with the above, the institution may request the following data:

1) education;

2) professional qualifications;

3) the course of previous employment.

2. Before admitting a staff member to perform activities involving direct contact with minors related to the activities referred to in Paragraph 1, the institution verifies:

1) information from the National Criminal Register concerning offences 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 or prohibited acts corresponding to those offences as specified in the provisions of foreign law;

2) whether the staff member is listed in the Register of Sexual Offenders, maintained by the Minister of Justice, hereinafter referred to as the Register. The verification will cover the so-called Restricted Access Register and the Register of persons in respect of whom the State Commission for Counteracting Sexual Abuse of Minors under 15 Years of Age has issued a decision on entry in the Register.

3. Verification of persons performing work under civil-law agreements, volunteers, trainees and interns is carried out before the agreement is signed and verification of staff members employed under an employment agreement is carried out immediately before they start working with minors.

4. The verification referred to in Paragraph 2, Point 1 is carried out on the basis of:

1) information from the National Criminal Register submitted by the staff member, issued no more than 6 months before its submission and, if the person has citizenship other than Polish citizenship, also on the basis of information from the criminal register of the state of citizenship obtained for the purposes of professional or voluntary activity involving contact with children or information from the criminal register if the law of that state does not provide for issuing information for the above-mentioned purposes;

2) a declaration submitted by the staff member concerning the state or states in which they resided during the last 20 years other than the Republic of Poland and the state of citizenship and information from the criminal registers of those states obtained for the purposes of professional or voluntary activity involving contact with children or information from the criminal register if the law of that state does not provide for issuing information for the above-mentioned purposes. The template declaration constitutes Appendix No. 1 to the Standards.

5. If the law of the state from which information on no criminal record is to be submitted does not provide for issuing such information or does not maintain a criminal register, the staff member shall submit, under penalty of criminal liability, a declaration to that effect together with a declaration that they have not been convicted by a final and binding judgment in that state of prohibited acts corresponding to the offences 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 and that no other ruling has been issued against them stating that they committed such prohibited acts and that they are not subject to any obligation arising from a court judgment, a decision of another authorised authority or an act to comply with a prohibition on holding any or specified positions, practising any or specified professions or carrying out any or specified activities related to upbringing, education, leisure, treatment, psychological counselling, spiritual development, practising sport or pursuing other interests by minors or to caring for them. The template declaration constitutes Appendix No. 2 to the Standards.

6. Information from the National Criminal Register and the declarations referred to in Paragraphs 4 and 5 are maintained:

1) in the case of full-time staff members – in the staff member’s personal files maintained by the Human Resources Management Department;

2) in the case of persons performing work under civil-law agreements, volunteers, trainees and interns – as an original or as a photocopy certified as a true copy of the original by the staff member responsible for the performance of the agreement or activities involving minors – together with the original agreement.

7. The verification referred to in Paragraph 2, Point 2 is carried out by the Director or the Secretariat on the basis of a written notification providing the data of the person being verified, i.e.:

1) first name and surname;

2) date of birth;

3) Personal Identification Number [PESEL];

4) family name;

5) father’s first name and mother’s first name.

8. The person responsible for reporting the obligation to carry out the verification referred to in Paragraph 2, Point 2 is:

1) in the case of full-time staff members – the Human Resources Department;

2) in the case of persons performing work under civil-law agreements, volunteers, trainees and interns – the staff member responsible for the performance of the agreement or activities involving minors.

9. Information obtained from the Register is recorded in the form of a printout and maintained:

1) in the case of full-time staff members – in the staff member’s personal files maintained by the Human Resources Management Department;

2) in the case of persons performing work under civil-law agreements, volunteers, trainees and interns – together with the original agreement.

With respect to a person listed in the Register, the Director shall immediately take appropriate measures aimed at ensuring adequate protection for minors. In particular, the Director shall decide not to conclude an agreement with the person concerned and, in the case of a full-time staff member, to remove them from duties/activities related to working with minors and to terminate the employment agreement.

Chapter III Principles of safe relations between staff members and minors

§ 4

1. In their relations with minors, staff members shall be guided by the minors’ welfare and shall act in their best interests, with respect for their dignity and needs.

2. Staff members shall treat minors with respect and patience.

3. It is unacceptable to use any form of violence against minors.

4. Staff members are obliged to maintain professional relations with minors, using actions and messages appropriate to the situation, the minor’s age and their stage of development.

5. A staff member is obliged to remain with minors within the sight and hearing of other persons. If it is necessary to remain alone with a minor, the staff member shall inform another staff member of this fact and indicate the place where they will be staying.

6. A minor has the right to obtain information about the person to whom they may report inappropriate behaviour and has the right to expect an appropriate response to the report. Staff members shall inform minors about the forms of reporting situations, behaviours or words that make them feel uncomfortable. Staff members are obliged to listen to the minor or indicate a person with whom the minor may speak, to provide assistance to the minor or to respond to inappropriate behaviour in another manner appropriate to the situation.

§ 5

1. Communication between a staff member and a minor should be conducted with respect, patience, attentiveness and understanding.

2. Answers and information provided to minors should be given in a manner appropriate to their age and situation.

3. Communication with a minor should take place in a manner that does not embarrass, disregard or offend them.

4. A staff member may not shout at a minor, except in special cases arising from the safety of the minor.

5. A staff member is obliged each time to inform the minor of decisions taken in relation to them and to explain the grounds for such decisions. Decisions concerning a minor should be taken with respect for their dignity and, as far as possible, should take account of their expectations.

§ 6

1. The institution ensures the highest standards of protection of minors’ personal data in accordance with applicable provisions of law.

2. The institution, recognising the minor’s right to privacy and protection of personal rights, ensures protection of the minor’s image.

3. A minor has the right to respect for privacy. Staff members take action with this principle in mind.

4. A staff member may not disclose sensitive information concerning a minor to unauthorised persons. Sensitive information includes the minor’s image, information about their family, economic, medical, care-related and legal situation.

5. A staff member may not record a minor’s image or voice, including by filming, audio recording or photographing, for private purposes. This also applies to enabling third persons/entities to record the minor’s image. Recording the minor’s image is possible only with the consent of the parent or legal guardian, granted in writing. Each time, the staff member is obliged to inform the parent or legal guardian and the minor of the purpose of recording the image.

6. If the minor’s image constitutes only a detail of a whole, such as a gathering, landscape or public event, the consent of the parent or legal guardian to record the minor’s image is not required.

§ 7

1. In the presence of minors, any inappropriate behaviour is prohibited, in particular the use of vulgar words, gestures or jokes, offensive remarks directed at the minor or other persons, references in statements to sexual activity or sexual attractiveness, abuse of power in relation to the minor and the use of any form of violence against the minor.

2. It is prohibited to harm minors in any form. Examples of behaviours regarded as harm as well as symptoms occurring in cases of harm are specified in Appendix No. 3 to the Standards.

3. A staff member may not enter into any romantic or sexual relations with a minor or make any proposals of an inappropriate nature to them. This also includes making erotic and pornographic content available to minors, regardless of its form.

4. A staff member may not offer minors alcohol, tobacco products or illegal substances nor use them in the presence of minors.

5. A staff member may not accept money or gifts from minors or from the minor’s parents/legal guardians.

6. A staff member may not enter into any relationship of dependency with respect to a minor or the minor’s parents/legal guardians that could lead to allegations of unequal treatment or obtaining financial or other benefits.

§ 8

1. Staff members are obliged to treat minors equally regardless of their sex, sexual orientation, ability/disability, social, ethnic, cultural, religious or worldview status.

2. Staff members are obliged to avoid favouring minors for any reason.

§ 9

1. Physical contact between a staff member and a minor is permissible if it is appropriate and complies with the principles of safe contact, i.e.:

1) it is a response to the minor’s needs at a given moment;

2) it takes into account the minor’s age, stage of development, sex and cultural and situational context.

2. When assessing the appropriateness of physical contact with a minor, a staff member shall always be guided by their professional judgement, listening to, observing and noting the minor’s reaction and asking the minor for consent to physical contact.

3. A staff member may not hit, poke, push or in any way violate the physical integrity of a minor. A staff member may not touch a minor in a manner that may be regarded as indecent or inappropriate.

§ 10

1. Contact between staff members and minors should take place only during the Opera’s operating hours and should concern purposes falling within the scope of the staff member’s duties.

2. It is prohibited to invite minors to the staff member’s place of residence, to meet them outside working hours or to maintain contact with minors through private communication channels, including private telephone, e-mail, instant messengers or social media profiles.

3. A staff member is obliged to maintain contact with minors through the parent/legal guardian, using official channels.

4. Maintaining social or family relations, if the minor and the minor’s parents/legal guardians are persons close to the staff member, requires maintaining the confidentiality of all information concerning other minors and their parents/legal guardians.

§ 11

1. Staff members should pay attention to maintaining safe relations between minors, including in particular:

1) care for mutual respect and acceptance of cultural, social and individual differences between minors;

2) care for an atmosphere of mutual tolerance and openness;

3) communication in a polite manner appropriate to the situation, taking into account the feelings and needs of the other person;

4) avoiding vulgar language, mocking and name-calling;

5) preventing and responding to manifestations of physical, psychological and verbal aggression;

6) providing information on the principles of proper behaviour.

Chapter IV Principles of safe use of the Internet and electronic media

§ 12

1. The network infrastructure at the institution enables access to the Internet only for adult staff members.

2. The institution does not provide minors with access to the Internet.

3. The institution does not make computers or other portable devices with unrestricted Internet access available to persons other than staff members, including minors.

4. The network is monitored so that it is possible to identify perpetrators of any abuse.

5. Organisational solutions at the institution are based on current security standards.

Chapter V Identifying and responding to symptoms of harm to minors

§ 13

1. In the performance of their duties, staff members pay attention to symptoms of harm to minors. Examples of symptoms of harm are specified in Appendix No. 3 to the Standards.

2. If signs of harm to a minor are identified, the staff member shall speak to the parents/legal guardians, providing information on the available support offer and motivating them to seek help.

3. Staff members monitor the situation and wellbeing of minors.

§ 14

1. Threats to the safety of minors may take various forms, using various means of contact and communication.

2. For the purposes of these Standards, the following classification of threats to the safety of minors has been adopted:

1) an offence has been committed to the detriment of a minor, for example, sexual abuse or abuse of a minor;

2) another form of harm has occurred that does not constitute an offence, such as shouting, corporal punishment or humiliation;

3) the minor’s basic living needs have been neglected, for example, needs related to nutrition, hygiene or health.

3. For the purposes of these Standards, intervention procedures have been distinguished in cases of suspected action to the detriment of a minor by:

1) adults, including staff members, other third persons, parents/legal guardians;

2) another minor.

§ 15

1. If a staff member suspects that a minor is being harmed or if such a circumstance is reported by the minor or their parent/legal guardian, the staff member is obliged to prepare an official note and forward the information obtained to the Director. The note may be in written or e-mail form. The note should include in particular a description of the situation, the persons who participated in the incident, the date of the incident and the date on which the note was prepared.

2. The intervention is conducted by the designated person.

3. If harm by the person designated to conduct the intervention has been reported, the intervention shall be conducted by the Director or another person designated by the Director.

4. If harm by the Director has been reported and no person has been designated to conduct the intervention, the actions described in this chapter shall be taken by the person who noticed the harm or to whom the suspected harm was reported.

5. Specialists, in particular psychologists and educators, may be invited to participate in the intervention in order to use their assistance when speaking with the minor about difficult experiences.

6. The designated person informs the parents/legal guardians of the obligation to report suspected harm to the minor to the appropriate institution, namely the public prosecutor’s office/the police, the family and guardianship court or the Commune Social Welfare Centre.

7. After informing the parents/legal guardians, the designated person submits a notification of suspected commission of an offence to the public prosecutor’s office/the police or an application for insight into the family situation to the family and juvenile division of the district court or to the Commune Social Welfare Centre. Further proceedings fall within the competence of the authorities indicated in the preceding sentence.

8. An intervention card is prepared for each intervention; its template is included in Appendix No. 4.

§ 16

1. If it is suspected that the minor’s life is at risk or that the minor is at risk of serious bodily harm, the appropriate services, namely the police or emergency medical services, should be informed immediately by calling 112 or 999.

2. The report shall be made by the staff member who first obtained information about the threat and the staff member shall then complete the intervention card.

§ 17

1. If harm to a minor has been reported, the designated person shall speak with the minor and other persons who have or may have knowledge of the incident and of the minor’s personal, family or health situation, in particular with the minor’s parents/legal guardians. The designated person shall seek to establish the course of the incident and its impact on the minor’s mental and physical health. The findings are recorded in the intervention card.

2. The designated person shall organise a meeting or meetings with the minor’s parents/legal guardians, to whom they shall provide information about the incident and about the need/possibility of using specialised support, including from other organisations or services.

3. If there is a justified suspicion that an offence has been committed against a minor, the designated person shall inform the Director of this fact and prepare a notification of the possibility that an offence has been committed, addressed to the locally competent police unit or public prosecutor’s office.

4. If it follows from the conversation with the parents/legal guardians that they are not interested in helping the minor, ignore the incident or otherwise fail to support the minor who has experienced harm, the designated person shall inform the Director and prepare an application for insight into the family situation to the competent family court.

5. If the findings show that a parent neglects the minor’s psycho-physical needs or that the family is educationally ineffective or uses violence against the minor, the designated person shall notify the Social Welfare Centre of the need to provide assistance to the family.

6. If harm to a minor by a staff member is reported, preventive measures should be taken, in particular removing the staff member from all forms of contact with minors, not only with the injured minor, until the matter is clarified.

7. If it is suspected that a staff member has committed a form of harm other than committing an offence to the minor’s detriment against a minor, the designated person should examine all circumstances of the matter, in particular hear the person suspected of causing harm, the minor and other witnesses to the incident.

8. If the violation of the minor’s welfare is substantial, in particular if discrimination or violation of the minor’s dignity has occurred, termination of the legal relationship with the person who committed the harm should be considered or such termination should be recommended to that person’s superiors.

9. If the person who committed the harm is not directly employed by the institution but by a third-party entity, a ban on that person entering the Opera’s premises should be recommended and, if necessary, the agreement with the cooperating entity should be terminated.

10. All persons who, in connection with the performance of official duties, have obtained information about harm to a minor or related information are obliged to keep such information confidential, excluding information provided to authorised institutions as part of intervention measures.

11. If the suspicion of a threat to the minor’s safety was reported by the minor’s parents/legal guardians and the suspicion was not confirmed, the minor’s parents/legal guardians should be informed of this fact in writing.

§ 18

1. If harm to a minor by another minor staying at the institution, for example, during group activities, is suspected, a conversation should be conducted with the minor suspected of causing harm and with that minor’s parents/legal guardians.

2. During the conversation, efforts should be made to establish the course of the incident and its impact on the mental and physical health of the minor who was harmed. The findings are recorded in the intervention card. Separate intervention cards shall be prepared for the minor causing harm and the minor harmed.

3. Measures aimed at changing undesirable behaviours should be discussed together with the parents/legal guardians of the minor causing harm. Measures aimed at ensuring safety should be discussed with the parents/legal guardians of the minor subjected to harm, including in this plan ways to isolate the minor from sources of threat.

4. During the conversations, it should be ensured that the minor suspected of harming another minor is not themselves being harmed by parents/legal guardians, other adults or minors. If such a circumstance is confirmed, intervention should also be undertaken with respect to that minor.

5. If the minor causing harm does not participate in activities organised by the institution, a conversation should be held with the minor subjected to harm, other persons having knowledge of the incident and the parents/legal guardians of the harmed minor in order to establish the course of the incident and its impact on the mental and physical health of the minor.

6. The designated person shall organise a meeting or meetings with the minor’s parents/legal guardians, to whom they shall provide information about the incident and about the need/possibility of using specialised support, including from other organisations or services, and about ways of responding to the incident, including informing the family court, school and the parents/legal guardians of the minor causing harm.

7. If the person suspected of causing harm is a minor aged between 13 and 17 and their behaviour may constitute a punishable act, the locally competent family court or police unit should also be notified in writing.

8. If the person suspected of causing harm is a minor over the age of 17 and their behaviour may constitute an offence, the locally competent police unit or public prosecutor’s office should be notified by written notification.

Chapter VI Monitoring the application of the Standards

§ 19

1. The designated person is responsible for monitoring the application of the Standards and for informing the other staff members of their designation.

2. The designated person is responsible for monitoring the implementation of the Standards, responding to signals of their violation, keeping a register of reports and proposing amendments to the Standards.

3. At least once every two years, the institution shall assess the Standards in order to ensure that they are adapted to current needs and comply with applicable provisions of law. The conclusions from the assessment shall be documented in writing.

The Director shall introduce the necessary amendments to the Standards and announce the new wording of the Standards to staff members, minors and their parents/legal guardians.

Chapter VII Final provisions

§ 20

1. The Standards enter into force on the date of their announcement.

2. The announcement shall take place in the manner adopted by the institution.

3. The Standards are available to staff members, minors and their parents/legal guardians by being published on the institution’s website and displayed in a visible place at its registered office.

4. The abridged version of the Standards intended for minors is included in Appendix No. 5 to these Standards.