6. Child Protection Policy

Table of Contents

    Introduction and Responsibility

    aditus foundation is firmly committed to the safeguarding and protection of all children with whom it engages, either directly or indirectly. It is the mission of this organisation to create a safe environment in which children's rights are protected and upheld in accordance with the United Nations Convention on the Rights of the Child (UNCRC, 1989).

    Furthermore, the policy is aligned with the Minor Protection (Alternative Care) Act to ensure that local legislation is strictly adhered to. This policy is principally based on the Keeping Children Safe Toolkit by Save the Children (2014) in order to align with international best practice.

    The team member responsible for overseeing this policy is the Director and all communications, complaints, etc. should be sent directly to them. In case communications need to be kept confidential from the Director, they should be sent to the Board's chairperson here.

    For the purposes of this and other policies, the Director is the Child Protection Officer.

    Statement

    It is our conviction that all children, irrespective of race, gender, disability, religion, background or other personal characteristic are entitled to be safeguarded from abuse, exploitation and neglect. This policy delineates our methodology for discharging this obligation and for guaranteeing that all actions undertaken are in the optimal interests of the children we serve.

    Purpose of the Child Protection Policy

    The objective of this policy is to establish a transparent and comprehensive framework for the protection of children from potential harm, in accordance with the principles of justice, fairness and equity. This policy serves to articulate our commitment to the protection of children.

    • It is imperative to delineate explicit procedures and standards for responding to concerns pertaining to the protection of children.
    • It is of the utmost importance to ensure compliance with both local Maltese legislation, and European and international legal obligations.
    • The guidance provided on recruitment, training, and behaviour management is designed to mitigate the risks of child abuse.
    • It is of the utmost importance to clearly define the roles and responsibilities of all team members, including volunteers and partners, in order to guarantee the protection of children.

    Moreover, this policy evinces our dedication to upholding the tenets of child participation as delineated in Article 12 of the UNCRC. This necessitates the incorporation of children's perspectives into decisions that directly impact them.

    Legal Framework and Compliance

    Our Child Protection Policy is founded upon a robust foundation of national and international legal frameworks, thereby ensuring the comprehensive safeguarding of children. This section provides a comprehensive overview of the legal and regulatory framework that informs the policy, including all relevant laws and standards referenced throughout.

    UN CRC

    The United Nations Convention on the Rights of the Child (UNCRC), 1989, provides the global foundation for children's rights, including their right to protection from abuse and exploitation. This policy is in accordance with Article 12, which guarantees that the views of children are taken into account in all matters that affect them.

    Minor Protection Act

    The Child Protection (Alternative Care) Act, 2020 (Malta) establishes the legal framework for the protection of children in alternative care settings. aditus guarantees that all child-related activities are conducted in strict accordance with the aforementioned legislation.

    Commissioner for Children Act

    The Child Commissioner Act establishes the office of the Commissioner for Children, Malta, which sets out safeguarding guidelines and child protection regulations.

    WHO

    The World Health Organisation (WHO) has defined various forms of child abuse, including physical, emotional, sexual, neglect, and exploitation. These definitions guide aditus' understanding and prevention strategies regarding child abuse.

    General Data Protection Regulation

    The GDPR ensures the protection of personal data, including that of children, across the EU. This policy is in accordance with the General Data Protection Regulation (GDPR), which guarantees the confidentiality and protection of personal data, including media and records pertaining to children.

    National Online Safety Initiative

    The BeSmartOnline initiative is designed to promote digital literacy and online safety in Malta (National Online Safety Initiative). This national initiative offers guidance and resources for the protection of children from online risks in Malta. It is aligned with the General Data Protection Regulation (GDPR) and the EU-wide online safety standards.

    Child Protection Services and the Malta Police Force

    In instances where child abuse is suspected, the Malta Police Force and Maltese Child Protection Services are the designated authorities responsible for reporting and investigating such cases.

    Keeping Children Safe Toolkit

    The policy is primarily based on the Keeping Children Safe Toolkit by Save the Children (2014), which outlines global best practices in child protection.

    References to Other Policies

    This Child Protection Policy is aligned with other aditus policies in order to ensure consistency and coherence across the entire corpus of policies, in particular the aditus Code of Conduct.

    Scope and Applicability

    This policy is mandatory for all individuals associated with the aditus including:

    • employees (full-time and part-time)
    • volunteers and interns
    • contractors, including interpreters
    • partner organisations (NGOs, government bodies, etc.)
    • consultants and any representatives engaged in our activities.

    Moreover, the policy encompasses third-party stakeholders and partners. It is the responsibility of all partners to develop their own child protection policies that meet or exceed the standards set forth in this document. It is incumbent upon partners to comply with Maltese legislation pertaining to the protection of children, including the Minor Protection Act.

    Definitions

    For the purposes of this policy, a 'child' is defined as anyone under the age of 18, in accordance with the UNCRC. In those situations where Maltese law has lowered the age of majority, as for example in the Gender Identity legislation, we will strive to consider and treat the person a child in accordance with this policy.

    The term 'child abuse' is defined as any act or omission that causes, or has the potential to cause, harm to a child. The definitions are in accordance with those set forth by the World Health Organization (WHO) and Maltese legislation with regard to child abuse. aditus acknowledges the existence of a number of forms of abuse, including:

    • Physical abuse can be defined as any act or omission that causes, or has the potential to cause, harm to a child through physical means. The intentional infliction of physical harm.
    • Emotional abuse can be defined as the deliberate infliction of emotional harm. Such actions are defined as those that cause severe emotional distress.
    • Sexual abuse can be defined as any sexual activity involving a child, including exploitation. 
    • Neglect can be defined as the failure to provide for a child's basic needs, which can result in harm.
    • The term 'exploitation' is used to describe the act of taking advantage of a child for personal or financial gain. The utilisation of a child for labour or other activities in a manner that is exploitative

    Reporting and Response

    Clear and effective protocols for reporting, responding to, and managing emergencies. It is imperative that clear and effective protocols are in place for the reporting, response to, and management of emergencies involving child protection concerns.

    Such protocols are essential to ensure the swift and appropriate handling of all allegations of abuse or imminent threats to child safety. The full Crisis Response Plan for Child Protection Incidents is provided further below, outlining the procedures to follow in case of child safety emergencies.

    Responding to Disclosures

    In the event that a child discloses abuse, staff are trained to respond immediately and sensitively, with the overarching objective of ensuring the child's safety. This training programme is in accordance with the guidelines set forth by the Commissioner for Children in Malta. It is imperative that the child is provided with comfort and reassurance, and that the necessary steps are taken to ensure their safety.

    Allegations against team members

    Any allegations made against staff, volunteers, or partners will be subjected to a rigorous and comprehensive investigation. In the event that such action is required, the Maltese Police Force and Child Protection Services will be duly notified in order to assist with the investigation and ensure legal compliance.

    Confidentiality

    All reports and disclosures are treated with the utmost confidentiality, in compliance with Maltese data protection legislation, including the General Data Protection Regulation (GDPR). Only those directly involved in addressing the incident, such as the designated child protection officer (CPO) and relevant authorities, will have access to the details.

    Mandatory Reporting

    In accordance with Maltese legislation pertaining to the protection of children, any suspicion or evidence of child abuse must be conveyed to the relevant local authorities. It is a legal obligation for staff to report any concerns immediately to the CPO, who will then take the necessary steps to involve the Maltese Police Force and Child Protection Services. 

    Training

    aditus is dedicated to ensuring that all team members are adequately prepared to safeguard children.

    Induction training

    The induction training programme comprises the following elements: All new team members will undergo a comprehensive induction programme, during which they will be instructed in the organisation's policies and procedures with regard to the protection of children.

    Subsequent training

    Regular refresher training is provided, with particular emphasis on those in direct contact with children.

    Child education

    The education of children is a fundamental aspect of the Foundation's mission. Aditus strives to educate children on their rights, safety, and the avenues of assistance available to them in the event of abuse.

    Review and Monitoring 

    The review process of this policy will occur on a biennial basis, or in a more expedient manner should legislative alterations or organisational advancements arise. This is to guarantee uninterrupted adherence to Maltese legislation and international best practices. The incorporation of feedback from all team members and children will facilitate the implementation of continuous improvements.

    aditus will undertake regular reviews of incidents and complaints pertaining to child abuse in order to enhance its safeguarding practices.

    Code of Conduct for Working with Children

     aditus is committed to the establishment of a secure, respectful, and inclusive environment for all children. This Code of Conduct establishes explicit expectations for all adults engaged in work with children, encompassing staff, volunteers, contractors, and partner organisations. It delineates the behaviours that are required and prohibited. It is obligatory for all parties to comply with this Code. Any contravention may result in disciplinary action, including termination or legal proceedings.

    Respect and Dignity

    It is a fundamental human right for all children, irrespective of race, gender, nationality, disability, religion, sexual orientation, socio-economic status or other characteristic, to be treated with respect and dignity. As representatives of aditus, we are committed to upholding the following principles:

    • Respecting the individuality of each child
    • acknowledging their opinions
    • and encouraging their participation in matters that affect them.

    Zero Tolerance for Abuse and Harassment

    aditus adheres to a rigorous zero-tolerance policy concerning any form of child abuse, exploitation or harassment, encompassing:

    • Physical abuse 
    • Emotional abuse
    • Sexual abuse
    • Neglect

    In the event of any suspicion or evidence of child abuse, it is imperative that the Designated Child Protection Officer is immediately informed, and that the Maltese authorities are contacted as necessary.

    Boundaries

    • Physical Contact: It is important to note that physical contact should only occur in circumstances where it is deemed appropriate and necessary. The physical interaction between adults and children should be appropriate to the circumstances and the needs of the child. It is advised that any unnecessary physical contact be avoided. It is important to ensure that physical gestures such as a hug are age-appropriate and only used with the child's consent and understanding.
    • One-on-One Interaction: One-on-one interaction should be avoided. It is advisable to avoid being alone with a child in circumstances where there is no possibility of being observed by others. All meetings with children should be conducted in public, open spaces or rooms with windows and unobstructed visibility.
    • Gifts and Favours: The offering of gifts or favours to children is strongly discouraged. It is advised that personal gifts be withheld from children or their families in order to prevent the formation of favouritism or unhealthy relationships. It is expected that any gifts provided by the organisation will be distributed equally among all children.

    Communication

    All communication with children must adhere to the principles of respect and appropriateness with regard to age, whether in person, online or via messaging platforms. It is imperative to avoid language that is inappropriate, offensive or suggestive. All communication should be conducted in a manner that upholds the dignity and self-esteem of the child.

    It is imperative that digital communication with children adhere to the standards set forth by the foundation's Online Child Safety Guidelines. It is advisable to refrain from engaging in personal or private conversations that are unrelated to organisational activities. Furthermore, it is recommended to maintain transparency by including another adult in the conversation, if possible.

    Privacy and Confidentiality

    Any personal information pertaining to children, including medical details, family circumstances, or educational status, must be handled with the utmost confidentiality and shared only with those who have a legal or organisational need to know. The taking and use of photographs, videos, or other media involving children is permitted only with the explicit written consent of their parents or legal guardians, in compliance with Maltese data protection laws (GDPR). It is of the utmost importance to ensure the protection of children's identities and the appropriate and sensitive use of media.

    Supervision and Accountability

    It is the responsibility of all adults working with children to ensure their safety. It is imperative that children are always under the supervision of an adult during aditus activities. It is imperative that adequate adult-to-child ratios are maintained in order to ensure proper oversight.

    In the event of uncertainty regarding the appropriate management of a situation involving a child, it is recommended to seek guidance from the immediate supervisor or the Designated Child Protection Officer. It is incumbent upon all staff members to take prompt action in the event that they witness or suspect any inappropriate behaviour or policy violations.

    Prohibition of Inappropriate Relationships

    It is imperative that staff and volunteers refrain from engaging in any form of inappropriate relationship with a child. It is prohibited for staff and volunteers to engage in romantic or sexual relationships with children. Such conduct is explicitly proscribed by both this Code and Maltese law.

    It is imperative to refrain from bestowing preferential treatment upon specific children or fostering exclusive relationships that could potentially give rise to bias or disparate treatment.

    Reporting Violations

    It is the responsibility of all staff and volunteers to report any concerns pertaining to child protection or violations of this Code of Conduct.

    It is the responsibility of all staff and volunteers to report any instances of abuse. In the event of suspected or observed abuse or a contravention of child protection policies, the Designated Child Protection Officer must be informed without delay. Failure to report suspected abuse is a breach of this Code of Conduct and may result in legal consequences.

    In the event of a report being made, confidentiality will be maintained in accordance with the relevant legislation. All reports will be treated in confidence and the identity of the individual making the report will be protected to the greatest extent possible.

    Zero Tolerance for Retaliation

    aditus is committed to ensuring that any form of retaliation against individuals who report violations of the Code of Conduct or who cooperate with child protection investigations is prohibited. Any act of retaliation will be regarded as a grave breach of this policy.

    Compliance

    It is a prerequisite for all team members, whether paid or voluntary, as well as for all partners, to familiarise themselves with the Code of Conduct and to sign it as part of their commitment to the aditus' Child Protection Policy. In the event of non-compliance with this Code, disciplinary action may be taken, which could ultimately result in dismissal or legal prosecution, depending on the severity of the violation.

    Screening and Recruitment

    aditus is dedicated to guaranteeing that all team members who interact with or have contact with children undergo comprehensive vetting through a rigorous screening and recruitment process. This is a fundamental aspect of child protection and risk reduction. The following procedures delineate the requisite steps to guarantee that all employees, volunteers, and contractors adhere to the highest standards of child protection.

    Job Descriptions and Ads

    • Clear Role Definitions: It is essential that role definitions are clear and unambiguous. It is incumbent upon all organisations to ensure that job descriptions and volunteer roles involving direct or indirect contact with children clearly delineate the responsibility to safeguard and protect children. The role description will explicitly state the necessity of adherence to the Child Protection Policy.

    • Advertising: Job advertisements will emphasise the organisation's dedication to the protection of children and the necessity for prospective candidates to undergo screening procedures in accordance with Maltese legislation pertaining to child protection.

    • Application Forms: All applicants are required to complete an application form that includes questions regarding any prior criminal records, with particular attention paid to offences related to child safety, as well as any previous involvement in child safeguarding issues. 

    Background Checks

    In accordance with the Protection of Minors (Registration) Act, all prospective team members will be vetted prior to joining the team. Those candidates who decline to submit the requisite background checks or who are subsequently determined to have provided false information regarding their background will be immediately disqualified from the recruitment process.

    In the event that an individual is identified as presenting a potential risk to children, based on the findings of references, criminal record checks, or interview results, they will not be offered an employment or volunteer position. In instances where concerning behaviour is observed during the course of employment, prompt action will be taken, including the immediate reporting of the incident to the relevant Maltese authorities.

    Interview Assessment 

    • Structured Interviews: All candidates who have been shortlisted will be required to participate in a structured interview. During this interview, they will be asked to provide detailed responses to a series of questions pertaining to their previous experience working with children, their understanding of child protection issues, and their commitment to safeguarding.
    • Child Protection Knowledge: In the course of the interview, the candidates will be evaluated with regard to their familiarity with the principles of child protection, including the pertinent Maltese legislation and the standards set forth by the international community.

    Supervision and Monitoring

    All newly hired employees and volunteers will be required to complete a probationary period, which typically lasts for a duration of six months. During this period, their interactions with children will be subject to close monitoring. During this period, supplementary assessments may be conducted to ascertain their suitability for the role.

    • Ongoing Training: Following the preliminary screening phase, all tam members will be obliged to engage in continuous child protection training. This guarantees that they remain informed of both Maltese child protection legislation and aditus' internal policies.
    • Regular Audits: aditus conducts periodic internal audits to ascertain that all team members remain in compliance with the established procedures for the safeguarding of children. Those staff members with direct contact with children will be subject to periodic background checks, particularly following extended periods of leave or travel outside of Malta.

    Contractual Safeguards

    Upon successful recruitment, all staff and volunteers are required to sign the aditus Policies. This legally binds them to the organisation's child protection standards. It is expected that employment contracts will include explicit clauses stating that any violations of child protection policies or failure to adhere to safeguarding requirements will result in immediate dismissal

    Reporting

    aditus guarantees that all team members are aware of their obligation to report any concerns regarding the conduct of their colleagues towards children. The reporting structures are transparent and well-defined, and all staff members undergo comprehensive training on whistleblowing procedures.

    This ensures that safeguarding practices are conducted with the highest standards of transparency and accountability.

    Crisis Response Plan for Child Protection Incidents

    aditus is dedicated to providing an expedient and efficacious response to any crisis situation that may endanger the wellbeing of children.

    This Crisis Response Plan delineates the procedures to be followed in the event of a child protection incident, with the objective of prioritising the safety of the child and ensuring compliance with legal obligations.

    The plan is based on international best practices and Maltese legal requirements for child protection, including the following sources: Ministry for Social Policy and Children's Rights (2020), Save the Children (2014), Child Protection (Alternative Care) Act (2020), UNICEF (2021); GDPR (European Union, 2016), WHO (2020), Ministry for Social Policy and Children's Rights (2020).

    Immediate Actions

    The primary objective is to ensure the child's immediate safety. In the event of an incident involving physical harm, the child should be accompanied to a secure location by a responsible adult. In cases of severe injury or urgent medical necessity, emergency services (dial 112 in Malta) must be contacted without delay.

    A trained staff member should remain with the child to provide emotional support and reassurance while awaiting the arrival of emergency personnel.

    Notification of Authorities

    In the event of a suspected instance of abuse or harm, it is imperative that the Malta Police Force and Child Protection Services are promptly informed.

    In accordance with Maltese legislation, any individual in a position to do so is obliged to report any child in immediate danger or any allegation of abuse to the relevant authorities without delay. 

    Internal Reporting

    In the event of a child protection incident, any member of staff or volunteer who becomes aware of it is obliged to report the situation immediately to the designated Child Protection Officer.

    The CPO will then assess the situation and ensure that the correct procedures are followed, including notifying the relevant authorities and managing any internal documentation that may be required. It is the responsibility of the relevant parties to submit a report within a period of 24 hours following the occurrence of the incident or the disclosure thereof.

    Documentation

    It is imperative that all details pertaining to the incident, including the time, location, individuals involved, actions taken, and any statements from the child or witnesses, are accurately documented in a written report. The report should be submitted to the CPO and treated as confidential.

    It is essential that the documentation includes any and all communications with the relevant authorities, as well as any subsequent actions taken by the organisation in response to these communications.

    Support

    In the event that a child requires medical assistance, it is the responsibility of a trained staff member to provide first aid. It is imperative that a medical professional attends to the child with minimal delay.

    It is also recommended that psychological support be made available, should the necessity arise. aditus has established collaborative relationships with local child-focused mental health organisations (Richmond Foundation), which are able to provide immediate counselling for the child.

    Communication and Confidentiality

    All information pertaining to the incident must be handled with the utmost confidentiality. Only those directly involved in the handling of the situation and legally required to know (such as the authorities) should have access to the details.

    In accordance with the regulations set out by the GDPR and Maltese data protection legislation, the child's identity and any details pertaining to the incident in question must be protected in all communications, both internal and external.

    Follow-up and Monitoring

    It is the responsibility of the CPO to monitor the situation and ensure that the child continues to receive the necessary support. This may entail collaboration with social services and the observation of the child's circumstances over time.

    Furthermore, aditus will conduct an internal review of the incident to evaluate the crisis management process and implement any necessary modifications to enhance child protection protocols.

    Online Safety

    aditus attaches great importance to the online privacy of children and has implemented a series of measures to guarantee their protection on digital platforms:

    • Supervised Communication: It is requisite that all digital communication with children be transparent and monitored. It is recommended that staff refrain from engaging in one-to-one communication through private channels unless it is deemed absolutely necessary and with prior approval.
    • Data Protection: In accordance with the General Data Protection Regulation (GDPR), any personal data collected online from children must comply with the requisite standards. This encompasses the assurance of secure storage and the limitation of access.
    • Education: The guidance provided to children and supervisors encompasses the recognition and reporting of inappropriate online behaviour, with the objective of ensuring the safety of all parties engaged in online activities.

    Transport and Travel

    It is imperative that children are supervised by trained personnel throughout the transportation process. The ratio of adults to children is maintained at a minimum, with the number of adults depending on the age and needs of the children in question. Only those team members who have been granted the requisite licences and undergone the necessary background checks are permitted to transport children.

    It is a requirement that written consent from parents or legal guardians be obtained for all travel or transportation activities involving children.

    It is a legal requirement that all vehicles used for the purpose of transportation must comply with the relevant safety standards. These include the provision of functioning seatbelts and child-appropriate seating arrangements. All journeys will adhere to the specified route, and any alterations must be communicated to supervisors.

    All team members receive instruction in basic first aid and are trained to respond to emergencies during transportation.

    Literature List


    Version: 2
    Updated on: Nov 27, 2024