Child Safeguarding Policy of the "Education and Health" Association

1. Introduction

This policy is based on the United Nations Convention on the Rights of the Child and Bulgarian national legislation, and draws on good practices and procedures developed by the National Network for Children. The policy sets out the principles, rules, procedures and guidance that govern the Association’s commitment in carrying out its activities.

Children’s rights

The Association’s understanding of children’s rights is grounded in the Convention on the Rights of the Child, adopted by the UN General Assembly on 20 November 1989 and ratified by Bulgaria in 1991. The Convention provides additional safeguards for children across civil, cultural, political, social and economic rights. It represents a new perspective on children, recognising their rights, capabilities and development. The Convention has three Optional Protocols, which focus specifically on: the involvement of children in armed conflict; child pornography, prostitution and trafficking; and communications concerning violations, including complaints submitted by children and their representatives. The Convention encompasses three main categories of rights, known as the “Three Ps”: Protection, Provision and Participation. Protection — the right to be protected from harmful acts and conduct, including discrimination and exploitation. Provision — the right to access care, services and activities, including education, healthcare, nutrition and an adequate standard of living. Participation — the right to take part in various activities; to express opinions and share views; to participate in decisions and express opinions on all matters affecting their lives and well-being; and to enjoy freedom of expression.

Definition of a child

Article 1 of the UN Convention on the Rights of the Child (CRC) defines a “child” as “every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier”.

Definition of child protection

Article 19 of the CRC states: “1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described above, and, as appropriate, for judicial involvement.”

Definition of child protection under Bulgarian law

Child Protection Act, Article 11: (1) Every child has the right to protection against involvement in activities that are harmful to their physical, mental, moral or educational development. (2) Every child has the right to protection against disciplinary methods that violate their dignity, physical, mental or other forms of violence, and forms of influence that are contrary to their interests. (3) Every child has the right to protection against being used for begging, prostitution, the distribution of pornographic materials or the acquisition of unlawful material gain, as well as against sexual abuse. (4) Every child has the right to protection against involvement in political, religious or trade union activities.

Forms of violence

For further information, see UNICEF Bulgaria’s resource on violence against children.

Physical abuse

Physical abuse is defined as any non-accidental physical assault on a child by a parent or another adult. Examples include, but are not limited to, hitting, kicking, pinching, forceful shaking, burning, biting, strangling, drowning and other assaults that cause pain, leave marks, bruises or abrasions, cause fractures, or make the child afraid. Physical abuse also includes extreme forms of parental control and the use of physical force to “discipline” a child, including force intended to cause pain or discomfort. Common forms of physical punishment include slapping, beating, spanking and smacking, whether with a hand or an object. Physical abuse also includes deliberately giving a child poisonous substances, inappropriate medication or alcohol. Unnecessary force may also be used when feeding a child or changing their nappies or clothes. Harm caused by physical abuse may be unintended and/or result from excessively strict discipline or physical punishment.

Psychological abuse

“Psychological abuse includes persistent criticism, shaming, humiliation, reprimands, threats, ridicule, and the deliberate creation of fear or anxiety in a child, as well as constant dissatisfaction with the child’s behaviour and failure to provide care appropriate to the child’s age and individual needs. Emotional abuse also includes situations in which parents or caregivers are unable to provide a supportive environment that promotes the child’s development, or hold attitudes towards the child that prevent them from reaching their full potential. Under Bulgarian law and international standards, children who witness domestic violence are victims of psychological and emotional abuse.” “Emotional maltreatment involves deliberate, conscious and targeted attacks on a child’s development, personality, self-image and social skills. It includes patterns of emotionally and physically destructive behaviour towards a child, taking five forms:

1. Rejection — the adult refuses to understand the child’s world or acknowledge the child’s needs.
2. Isolation — removing the child from normal, age-appropriate social experiences and opportunities, leading the child to believe that they are alone in the world.
3. Terrorising — verbal attacks that create an atmosphere of fear, coercion and intimidation, leading the child to believe that the world is unpredictable and hostile.
4. Ignoring — depriving the child of basic stimulation and empathy, thereby restricting their emotional and intellectual development.
5. Corrupting — encouraging the child to engage in antisocial behaviour or supporting unlawful conduct, leaving the child unable to adapt to normal social behaviour and life.”

Neglect

Neglect is any act or failure to act that deprives a child of adequate provision for their basic needs, including healthcare, education, emotional stimulation, age-appropriate nutrition, a home and living conditions that do not endanger their health, life or development. Inadequate parental care and supervision may also constitute neglect. According to the World Health Organization, there are four types of neglect: physical, educational, medical and emotional.

Sexual abuse

“Sexual abuse involves engaging a child in sexual activities that they do not fully understand and to which they are unable to give informed consent because of their cognitive immaturity and young age. Any sexual act involving a child under the age of 14 is also considered sexual abuse. This includes exposing a child’s body; touching or caressing the child’s intimate areas; encouraging a child to touch an adult or another child in those areas; genital play; kissing a child in a sexual manner; using inappropriate language with sexual connotations or that encourages sexual activity; persuading a child to take part in sexual games or imitate a sexual act; involving a child in the production of pornographic material or providing such material to a child. Child marriage is also considered sexual abuse because at least one spouse has not yet reached physical, intellectual and emotional maturity and therefore has not been able to give full and clear consent to the marriage.” The UN defines sexual exploitation and abuse as follows: sexual exploitation is any actual or attempted abuse of a position of vulnerability, differential power or trust for sexual purposes, including, but not limited to, obtaining financial, social or political advantage from the sexual exploitation of another person. Sexual abuse is an actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

Bullying and cyberbullying

Cyberbullying is abuse carried out through the internet and other communication technologies. It may involve text messages, phone calls, email, chat messages, other forms of communication and/or videos that undermine the victim’s dignity. Such abuse can be particularly traumatic because it records and spreads the act of violence. “Bullying” means any unwanted conduct based on the characteristics listed in Article 4(1), expressed physically, verbally or in another way, which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating, offensive or threatening environment.

Child trafficking and labour exploitation

This is organised criminal activity intended to generate profit through sexual and/or labour exploitation, as well as by forcing or encouraging children to beg, steal or commit other unlawful acts that harm their lives, health and dignity and seriously violate their fundamental human rights.

Discrimination

Under the Protection against Discrimination Act, all direct or indirect discrimination is prohibited when based on sex, race, nationality, ethnic origin, human genome, citizenship, origin, religion or belief, education, convictions, political affiliation, personal or social status, disability, age, sexual orientation, marital status, property status, or any other grounds established by law or an international treaty to which the Republic of Bulgaria is a party. Direct discrimination is any less favourable treatment of a person on any of the grounds listed in paragraph 1 than the treatment another person receives, has received or would receive in comparable circumstances. Indirect discrimination occurs when a provision, criterion or practice that appears neutral places a person or persons with a characteristic listed in Article 4(1), or people associated with them who do not themselves have that characteristic, at a particular disadvantage, unless the provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

2. Safeguarding as a guiding principle

As an organisation that works with children, it is particularly important to recognise the need for a child safeguarding policy.

1. Why are safeguarding policies and procedures necessary?

1.1. Protecting children

Some children are placed in vulnerable positions by people who are expected to work with them. These may include social-sector professionals, people responsible for projects within the organisation, or individuals who have access to personal information about children. Placing children in such vulnerable situations may have negative consequences in the future, particularly where abuse is committed by someone who should be trusted. The Association’s team acts in the best interests of the child. As an organisation that works directly with children, protecting them from all forms of violence is a key priority. This must be taken seriously and supported by a clear mechanism for action whenever a risk arises. By setting specific working standards aligned with international and national safeguarding policies, this policy and its procedures demonstrate the Association’s commitment to working with children.

1.2. Protecting the organisation’s staff and the organisation as a whole

This safeguarding policy and procedure is a mechanism for protecting both the children with whom the organisation works and the organisation and its staff. The procedures are designed to protect all parties: the children involved and the employees working for or on behalf of the organisation. Children have the right to feel safe from every form of abuse, and the Association is responsible for ensuring their safety across all its activities. The procedures set out below are intended to support high-quality work involving children. This document provides staff with guidance on appropriate boundaries and preferred conduct when communicating with children. It helps staff identify potential risks when working with children, both inside and outside the workplace and/or their place of residence, and outlines possible actions in situations where a child may be at risk of violence or abuse or has already experienced it. The document clearly defines the organisation’s commitment to working with children and supports improvements in the effectiveness of its work in this area. It also enables the organisation to improve its recruitment practices and avoid employing people who might abuse their position.

2. Safeguarding policy and procedures of the “Education and Health” Association

2.1. International framework

The UN Convention on the Rights of the Child is an internationally recognised and ratified instrument. The Association fully adopts the UN Secretary-General’s Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13), dated 9 October 2003.

2.2. National framework

Bulgarian national legislation The Chairperson of the State Agency for Child Protection is the specialised body under the Council of Ministers responsible for leadership, coordination and oversight in the field of child protection. A National Council for Child Protection is established under the Agency. At municipal level, the Directorate for Social Assistance is the specialised body responsible for implementing child protection policy, with a Child Protection Department established within it. Each municipality also has a Child Commission with advisory and coordination functions. Concerned individuals may report cases to the State Agency for Child Protection via the national helpline on 116 111, or contact regional institutions and non-governmental organisations listed in Appendix 1.

2.3. Scope of the policy and procedure

This policy, together with all related documents and appendices, is intended to guide all employees of the organisation, volunteers, individuals engaged under civil contracts, partners and subcontractors. The policy has been approved by the Management Board and signed by the Chairperson of the Association. This document forms an integral part of the individual employment contract of every person working for the “Education and Health” Association.

2.4. Distribution of this document

The policy and procedures set out in this document form an integral part of the documentation that every employee must read when starting work.

3. Association procedures relating to personnel

3.1. Initial recruitment stage

From the initial recruitment stage, the organisation’s management team is responsible for assessing candidates’ attitudes and understanding of working with hospitalised children.

3.2. On commencement of employment

When an employee joins the Association, the Chairperson is responsible for introducing them to this document and providing initial training on the Association’s zero-tolerance approach to sexual exploitation and abuse (Protection against Sexual Exploitation and Abuse, PSEA). The training also covers compliance with the UN Convention on the Rights of the Child and the UN Secretariat’s Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13).

3.2.1. Employees must:

• Comply with these rules and policies and take part in periodic training covering the UN Convention on the Rights of the Child, the UN Secretariat’s Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13), and the Foundation’s Code of Ethics.
• Anticipate situations that could immediately place children at risk.
• Organise their work and workplace in ways that minimise potential risks.
• Promote a culture of openness in which any problems or concerns can be raised and discussed freely.
• Foster a sense of shared responsibility among staff so that any harmful or potentially risky practice or behaviour is addressed promptly.
• Understand the forms of abuse that may affect children and the rules in this policy on protection against sexual exploitation and abuse (PSEA).
• Have the knowledge needed to recognise signs that a child may be experiencing abuse.
• Be aware of potential risks of abuse between peers.
• Report any suspicion of child abuse in accordance with the procedures and refer it to the relevant oversight body.
• Know who the organisation’s designated safeguarding contact is and whom to approach in the event of abuse.
• Respect children and treat them equally, without any form of discrimination.
• Provide an environment in which children can develop emotionally, psychologically, morally and intellectually.
• Encourage and respect children’s voices and opinions.
• Respect the confidentiality of the children with whom they work.
• Actively promote high standards of respect within the team and in all direct work with children.
• Obtain the required consent of a parent, guardian or custodian for photographing, filming or any other form of a child’s participation.

3.2.2. Employees must not:

• Disclose any personal information concerning the children with whom they work, unless disclosure has been agreed and authorised through the consent of a parent, guardian or custodian and is not contrary to law.
• Engage in any form of sexual activity with children.
• Discriminate against, humiliate or emotionally abuse the children with whom they work.
• Engage in any form of psychological or physical violence against the children with whom they work.
• Encourage or support children in ways that serve an unhealthy personal interest on the part of the employee.
• Take photographs or videos other than those required for the stated activity.
• Request personal information that is not relevant to the organisation’s specific activity.

4. Procedure for reporting an incident of violence

All employees and any external individuals involved in the organisation’s activities must be able to recognise signs that a child may need help. Reporting a case of violence can be a difficult responsibility, so it is important to have a clear, transparent procedure setting out the steps to be followed. Any employee who suspects or alleges that violence has occurred must report it, verbally or in writing, to the Chairperson of the “Education and Health” Association. If the concern involves the Chairperson, it must be reported to the Management Board. The child’s safety must always be the highest priority. The first step is to determine whether the concern relates to an internal matter within the organisation or an external matter.

5. Communication and media coverage

This section explains how information concerning the children with whom the organisation works should be handled in a way that respects their rights and best interests.

5.1. Photographs and video recordings

The Association’s video surveillance policy applies alongside this policy. The following rules also apply:

• The child’s consent to being photographed must always be sought. The purpose of taking the photographs or videos, and how they will be used, must be clearly explained in language the child can understand.
• Consent must also always be obtained from the child’s parent, guardian or custodian. They must be clearly informed of why the photographs or videos are being taken, how and where they will be published, and the rules governing the process.
• Once consent has been obtained from the child or young person and the responsible adult, it is recommended that photographs include a diverse range of children: boys and girls, children of different ages and ethnic backgrounds, and children with and without disabilities.
• Photographers and camera operators must be supervised and must never be left alone with children.
• All complaints and reports concerning inappropriate images, including images taken without the children’s knowledge, must be recorded and documented in the same way as other reports of violence against children.
• The Association reserves the right to refuse to publish recorded material if it considers the material inappropriate or potentially risky for the child or the organisation.
• Third parties may use recorded material provided that they explicitly credit the organisation, identify the photographer or videographer, and state the purpose for which the image was taken.

6. Application of the policies

When considering different forms of violence, it is important to recognise that they rarely occur in isolation. Similar indicators may be a child’s way of expressing psychological distress through their emotions or physical behaviour in response to what is happening to them. For guidance on identifying signs of violence against children, see the manual on violence prevention for schools published by the State Agency for Child Protection.

7. Monitoring the safeguarding policy and procedures

This safeguarding policy and its procedures have been approved by the Chairperson of the “Education and Health” Association following a decision by the Management Board. The policy will be reviewed periodically.