Protection against harassment, exploitation, sexual abuse and child abuse
1. Policy statement
SCOP places human dignity at the heart of its activity of offering help and development. At SCOP we recognise the special responsibility we have in promoting human dignity within our own organization, and to maintain a safe and respectful workplace. We recognize the importance of an organisational culture and responsibility to create a safe and supportive organization for our staff, our partners and the communities we work with.
At SCOP, we believe that all people have the right to live their lives free from sexual harassment, exploitation or abuse, and that no child should be the subject to abuse in any form. We believe that sexual harassment, exploitation and abuse, as well as child abuse, are more likely to happen on certain groups of people because of inequalities and vulnerabilities, particularly those faced by women, vulnerable adults and children. We admit that there is unequal power between SCOP employees and associated staff and the people we collaborate and work with in our programs, and also between people within our organization. We expect our power not to be used to benefit ourselves or harm others.
SCOP recognises that we have a responsibility to protect the people we work with, and who work for us, and we will constantly strive to prevent harassment, exploitation, sexual abuse and child abuse. We take all reports of sexual harassment, exploitation and abuse, as well as child abuse, seriously. Our actions are informed by a survivor-centred approach, which means that survivors' needs and wishes guide our response, that survivors are treated with dignity and respect, and that the survivors' rights to privacy and support are a priority.
SCOP has a zero tolerance approach to sexual harassment, exploitation, abuse, and child abuse. We will carefully review allegations, and investigate and take appropriate disciplinary action where necessary, taking into account the rights and interests of the survivor, in line with SCOP's survivor-centred approach. We make it very clear that harassment, exploitation and sexual abuse, as well as child abuse, in any form, by our staff, partners or other associated staff, towards anyone, will not be tolerated.
2. Scope of application
This policy applies to all SCOP employees and associated personnel:
• SCOP employees include all employees of any SCOP entity, SCOP members, SCOP branches/working-points and SCOP headquarters;
• Associate staff includes board members, volunteers, interns and visitors, partner entities and related staff. These include non-SCOP entities and their employees, as well as persons who have entered into partnership, sub-financing or sub-contracting agreements with SCOP. The policy applies both during and outside normal business hours. Actions taken by SCOP employees and associated personnel outside of business hours that are deemed inconsistent with this policy will be considered a violation of this policy.
Additional definitions related to this policy are included in Appendix 2
3. Commitments
Organisational culture, leadership and responsibility
a) SCOP will make every effort to promote, create and maintain a safe organisational culture for all people who work for and with SCOP, including our partners and the communities in which SCOP works. At all times, SCOP leaders are expected to promote SCOP's safeguarding values by highlighting the organization's commitment to equality, diversity and respect for others. SCOP will create an environment where it is safe to address sexual harassment, exploitation, abuse and child abuse.
b) SCOP will develop specific safeguarding strategies for the organization, with appropriate levels of dedicated capacity and allocated resources at all levels of it, to prevent and respond to sexual harassment, exploitation, abuse and child abuse.
c) SCOP will provide high-level oversight and accountability for its safeguarding efforts. We will do this by monitoring and reviewing our safeguarding performance and by seeking feedback from SCOP employees and associated staff, partners, program participants and the communities in which SCOP works on the effectiveness of our safeguarding measures. We are committed to continuous learning and improvement to prevent and respond to sexual harassment, exploitation, abuse and child abuse. We will be responsible and transparent in communicating our efforts and progress to various internal and external audiences, including SCOP's management and leadership structures, staff, donors, partners, the wider humanitarian sector and communities. All information provided will be based on a survivor-centred and risk assessment approach.
Human Resources Management
d) SCOP will seek to hire staff who are consistent with our vision, mission and values and, in accordance with applicable laws, will not allow individuals known for acts of harassment, exploitation and sexual and child abuse to be (re)employed or re-assigned. We will incorporate appropriate workplace responsibilities into leadership, manager/coordinator and other staff positions. Managers and HR teams will ensure rigorous recruitment selection processes for all staff, particularly staff who will have direct or indirect contact with children and/or vulnerable adults. We may include in the performance management/feedback processes of managers/coordinators to create and maintain an environment that promotes this policy and the Safeguarding Code of Conduct and to prevent sexual harassment, exploitation, abuse and child abuse.
e) SCOP will ensure that all staff are aware of our Safeguarding Policy, the behaviours we expect and know how to report irregularities. We include SCOP's expectations on preventing sexual harassment, sexual exploitation, abuse and child abuse in the relevant codes of conduct, in orientation programs for new employees, in awareness and training courses, as well as through periodic internal communication.
Partners
f) SCOP will promote and solicit safeguarding together with partners. SCOP will ensure appropriate safeguarding assessments as part of due diligence processes when considering new and existing partnerships. We will choose our partners based on their commitment to social justice and equality, to their organisational values and to how they protect their staff and program participants, as well as their ability to work. We will ensure that, when we engage in partnerships or subcontracting, they will: a) incorporate this Policy as an annex or otherwise apply necessary due diligence and monitoring procedures to its subcontractors in accordance with this Policy; b) include appropriate language requiring these contracting entities and persons, as well as their employees and volunteers, to comply with a Code of Conduct that is in accordance with the standards of this Policy; and c) expressly state that the failure of such entities or individuals, as the case may be, to take preventive measures against harassment, exploitation and sexual abuse and child abuse, to investigate and report allegations in a timely manner, or to take corrective action where harassment, exploitation or sexual abuse or child abuse has occurred shall constitute grounds for SCOP to terminate such agreements. We will work together to build the capacity of our partner organisations to meet our safeguarding commitments. We will respect partners and subcontractors and, where possible and necessary, support them in having the skills and ability to fulfil their responsibilities in accordance with this policy. In the case of suppliers, consultants, independent contractors and other similar persons, SCOP may incorporate this policy as an appendix to any written agreement or may draft or otherwise develop a summary of the requirements contained in this policy and the provisions referred to in this section
g) SCOP will collaborate on safeguarding within the humanitarian sector, including with communities, other organisations, donors, civil society networks and local partners, promote our practices and contribute to wider efforts to prevent and combat harassment, exploitation, sexual abuse and child abuse.
Integrating safeguarding into our work
h) SCOP will undertake safeguarding risk assessments, identify areas of safeguarding and sexual harassment, exploitation, abuse and child abuse risks, and document measures taken to eliminate or reduce these risks.
i) SCOP will incorporate safeguards in program/project design and throughout the implementation cycle. We will do this through our collaborative program design approach, including with our partners and program participants at all stages, to produce better design, monitoring and evaluation of safeguarding in our programs. Our goal is to identify and mitigate or minimise risks arising from our programs/projects.
j) SCOP will ensure that reporting mechanisms for sexual harassment, exploitation, abuse and child abuse are accessible and easy to meet the different needs of anyone who wishes to report, including vulnerable adults and children most at risk of sexual harassment, exploitation, abuse and child abuse, the communities we work with, our partners and SCOP employees and associated staff. We will involve participants in our programs / projects in the design, monitoring and evaluation of community-based reporting mechanisms. We will raise community awareness of the behaviours expected of our employees and associated staff and how to make a report. SCOP will ensure that each person responsible for receiving reports understands how to perform their duties and how to process reports in a secure and confidential manner. We will be transparent with survivors about any obligations or actions that may need to be taken as a result of their reporting, including referral to third parties.
Reports and monitoring
k) SCOP will provide support and assistance to complainants and anyone who has been a victim of harassment, exploitation, sexual abuse or child abuse by SCOP employees and associated staff. These may include medical treatment, legal assistance and psychosocial support. Our support and assistance will be based on a survivor-centred approach, feasibility and an assessment of risk for all involved.
l) SCOP will take appropriate steps, to the best of SCOP's ability, to protect individuals from retaliation where allegations of sexual harassment, exploitation, abuse or child abuse involving SCOP employees or associated persons, are reported in good faith.
m) SCOP will ensure that all allegations of harassment, exploitation and sexual abuse as well as child abuse committed by SCOP employees and associated staff are thoroughly examined, risk assessed and, if necessary, investigated and/or referred to another agency for investigation or reported to law enforcement. SCOP investigations will be conducted in a timely, safe and professional manner, by those with appropriate training and experience in confidential investigations and who have gender-responsive and survivor-centred approaches. Investigations will include a risk assessment for all those involved. We will work with our partners to have the ability to similarly investigate allegations of sexual harassment, exploitation, abuse and child abuse by their staff.
n) SCOP will take prompt and appropriate action against any employee or related staff who violate this policy by committing sexual harassment, exploitation, abuse and child abuse. These may include administrative or disciplinary measures, legal action and/or referral to the relevant authorities for appropriate action, including prosecution, both in the perpetrator's country of origin and in the host country. All actions will be informed by a survivor-centred approach and an assessment of feasibility and risk for all those involved.
4. Code of Conduct
SCOP's ability to achieve its vision and mission depends on the individual and collective efforts of all SCOP employees and related personnel. To this end, all SCOP employees and associated personnel must uphold and promote the highest standards of ethical and professional conduct and comply with SCOP policies. This policy defines the safeguarding conduct to be followed by all SCOP employees and associated staff to protect anyone from harassment, exploitation and sexual abuse and child abuse by SCOP employees and related staff.
This Safeguarding Code of Conduct has the purpose to provide illustrative guidance for SCOP employees and associated personnel to make decisions that exemplify the Code of Conduct and core values in their professional and personal lives. Any breach of this Safeguarding Code of Conduct is of serious concern and may result in disciplinary action, up to and including dismissal, in accordance with SCOP's disciplinary procedures and applicable laws. All SCOP employees and associated personnel must read and sign this Safeguarding Code of Conduct.
5. Responsibilities
a) All SCOP employees and related personnel have an obligation to prevent, report and respond to sexual harassment, exploitation, abuse and child abuse. It is the responsibility of all SCOP employees and associated staff to comply with the SCOP Safeguarding Policy and the SCOP Safeguarding Code of Conduct. All SCOP employees and associated personnel must read this policy and either sign the Safeguarding Code of Conduct or sign a code of conduct that is consistent with or references this policy and the Safeguarding Code of Conduct.
b) Managers, supervisors, coordinators and HR managers must ensure that all SCOP employees and associated staff understand and comply with the SCOP safeguarding policy and either sign the safeguarding code of conduct or sign the code of conduct that is consistent with this policy or that refer to this policy and code of conduct for safeguarding. HR managers are also responsible for rigorous and safe recruitment and induction, while managers/coordinators and supervisors are responsible for ensuring that staff are well informed and familiar with this policy and the issues it addresses. Coordinating managers must ensure that all staff members with specialised duties in relation to this policy have adequate experience, training and support; including personnel responsible for receiving and handling sensitive reports and personnel responsible for investigations. Managers / coordinators will ensure staff performance management, supports a responsible and safe organisational culture to prevent sexual harassment, exploitation and abuse and child abuse.
c) Directors or legal representatives must provide clear guidance and demonstrate how the organization, in all its operations, will make every effort to protect all individuals from sexual harassment, exploitation and abuse, as well as child abuse, by implementing SCOP`s programs and projects. Directors / legal representatives must ensure that reporting mechanisms are culturally appropriate, secure and accessible, are developed, implemented, monitored and reviewed for effectiveness. This includes raising awareness among program participants, SCOP employees and related staff, about protection against harassment, sexual exploitation and abuse and child abuse, as well as how to use reporting mechanisms. Legal representatives lead SCOP actions with local partners to ensure proper support, evaluation and monitoring of partners' commitments in relation to this policy. SCOP's legal representatives will also make every effort to ensure that complaint processing and investigation procedures are being followed, along with appropriate employee disciplinary procedures, as appropriate. SCOP legal representatives are responsible for ensuring that support services for survivors are of good quality and appropriate.
6. Associated policies
This policy is complementary to the set of behavioral standards that all SCOP employees are required to comply with, within:
• SCOP`s Code of Conduct and Code of Ethics
• SCOP`s Policy on gender equality
• SCOP Image Consent Policy
• any other codes or related policies defined by SCOP
APPENDIX 1 - Code of conduct regarding safeguarding
SCOP's ability to achieve its vision and mission depends on the individual and collective efforts of all SCOP employees and related personnel. To this end, all SCOP employees and associated personnel must uphold and promote the highest standards of ethical and professional conduct and comply with SCOP policies. SCOP's Safeguarding Policy and this Safeguarding Code of Conduct set out the safeguarding conduct that all SCOP employees and associated staff must follow to protect anyone from harassment, exploitation and sexual abuse, as well as child abuse, by SCOP employees and related personnel.
This Safeguarding Code of Conduct provides illustrative guidance for SCOP employees and associated personnel to make decisions that exemplify the Code of Conduct and core values in their professional and personal lives. Any violation of this Safeguarding Code of Conduct is of serious concern and may result in disciplinary action, up to and including dismissal, in accordance with SCOP's disciplinary procedures and applicable laws. All SCOP employees and associated personnel must read and sign this Safeguarding Code of Conduct.
As a SCOP employee or associated staff, I will:
a) create and maintain a safe and fair organisational culture that prevents and opposes harassment, sexual exploitation and abuse, as well as child abuse.
b) treat everyone with dignity and respect and challenge attitudes and behaviours that contravene the SCOP safeguarding policy and safeguarding code of conduct
c) immediately report any concerns I have about possible violations of the SCOP safeguarding policy or safeguarding code of conduct, either by a SCOP employee or associated staff. I understand that failure to report any matter may result in disciplinary action. I will make sure I am aware of the options available to me to report and that when I report a concern or allegation, I will do so confidentially.
d) share sensitive information of which I may be aware that relates to concerns about sexual harassment, exploitation and abuse or child abuse, whether involving staff, program participants or others in the communities where SCOP works, through the reporting options available. I understand that, for the respect, dignity and safety of all involved, it is essential that I maintain the confidentiality of any concern or information of which I am aware and only pass the information on to personnel in the appropriate position who need to know such information. I am aware that violation of this policy may put others at risk and will therefore result in disciplinary proceedings.
e) disclose SCOP any civil judgment or criminal conviction that relates to allegations on me of sexual harassment, exploitation or abuse of any person.
f) always ensure another adult is present when working with children.
g) always ensure that, for professional purposes, when photographing or filming a child, I:
• respect local traditions or restrictions regarding the reproduction of personal images
• obtain the informed consent of the child's parent or guardian, before photographing or filming the child, explaining how the photograph or film will be used
• ensure that photographs, films, videos and DVDs present the child in a dignified and respectful manner and not in a vulnerable or submissive manner
• make sure that the children are dressed appropriately and not in poses that could be perceived as sexually suggestive
• ensure that images are honest representations of context and facts and
• ensure that file tags do not reveal identifying information about a child, for example, name and exact location.
h) protect, manage and properly use the human, financial and material resources of SCOP and I will never use SCOP resources, including the use of computers, cameras, mobile phones or social media, to exploit or harass participants in SCOP programs, children or others in the communities where SCOP works. I am aware that this means that it is prohibited for staff to access, display or transmit offensive and/or pornographic material on any electronic device used / provided or subsidised by SCOP (ex: computer, tablet, telephone) at any time or on any personal electronic device, in a SCOP workplace network.
As an employee or associated staff of SCOP, I will not
a) harass, exploit or sexually abuse anyone and I understand that these behaviours constitute acts of serious misconduct and are therefore grounds for disciplinary action, up to (and including) dismissal.
b) engage in any form of sexual activity or develop physical/sexual relations with children (persons under 18) regardless of the age of consent at the local level. I understand that ignorance or mistaken assumption about a child's age is not a defence.
c) exchange money, jobs, goods or services for sex, including sexual favours or other humiliating, degrading or exploitative behaviour. I understand that this means that I am not allowed to purchase sexual services from anyone at any time and that I am not allowed to provide assistance to participants/beneficiaries for sexual services.
d) involve in any sexual activity or sexual relationship with the participants/beneficiaries of the programs. I am aware that such relationships are forbidden. I understand that such relationships are based on an inappropriate use of my position and inherently unequal power dynamics and may undermine the credibility and integrity of SCOP's actions. I understand that I must declare to my line manager or HR manager any previous relationship with participants/beneficiaries of the programs. I will seek guidance regarding this prohibition from the appropriate manager.
e) solicit any services or sexual favours from participants in SCOP programs, children or other people in the communities where SCOP operates, and I will not engage in sexual harassment, exploitation or abuse.
f) support and not take part in any form of sexual exploitation or abusive activities, including, for example, child pornography, human trafficking or child marriage.
g) use children for domestic or other work that is inappropriate for their age or developmental stage, that interferes with their time available for education and recreational activities, or that exposes them to a significant risk of injury or exploitation.
h) use inappropriate, harassing, abusive, sexually provocative, humiliating or culturally inappropriate language or behaviour towards children.
APPENDIX 2 - Definitions
A child is anyone under the age of 18, regardless of country definitions of when a child reaches adulthood.
Adults experiencing vulnerability are person aged 18 or over, who
• is unable to take care of herself/protect herself from harm or exploitation; or
• is considered to be at risk because of gender, mental or physical health, disability, ethnicity, religious identity, sexual orientation, economic or social status or as a result of disasters, and conflicts.
• is in a situation of subordination and therefore faces a differential power that puts it at risk.
Sexual harassment is any unwelcome sexual advance, request for sexual favor, verbal or physical conduct or gesture of a sexual nature, or any other behaviour of a sexual nature that might reasonably be expected or be perceived to cause offence or humiliation to another, when such conduct interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment. While typically involving a pattern of behaviour, it can take the form of a single incident.
Sexual exploitation means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially, or politically from the sexual exploitation of another.
Sexual abuse is the physical intrusion or the threat of physical intrusion of a sexual nature, either by force or under conditions of inequality or coercion.
Exploitation and abuse of children (involves one or more of the following)
• Physical abuse. Physical abuse occurs when a person intentionally hurts or threatens to hurt a child. This can be, for example, a slap, a kick, a punch, a shake, a beating, a burn, a push or a grab. Physical abuse can be a single or repeated act. It does not always leave visible marks or wounds.
• Emotional abuse. Emotional abuse is inappropriate verbal or symbolic acts towards a child or behaviour that, over time, fails to provide the child with non-physical care and adequate emotional availability. Such acts have a high probability of affecting the child's self-esteem or social competence.
• Neglect. Neglect is the failure to provide a child (where he is able to do so) the conditions that are culturally accepted as essential for his physical and emotional development and well-being.
• Sexually inappropriate behaviour with a child. Sexual misconduct with a child is any form of sexual activity with a child. It is evidenced by an activity between a child and an adult or another child who, by age or development, is in a relationship of responsibility, trust or power, the activity being intended to fulfil or satisfy the needs of the other person. It may include, but is not limited to, contact or non-contact activities, inciting or coercing a child to engage in any sexual activity, using a child in prostitution or other sexual practices, or exposing a child to sexually exploitative material online, using children for pornographic activities and materials or creating images of sexual exploitation of children
Sexual manipulation generally refers to behaviour that makes it easier for an offender to procure a child or vulnerable adult for sexual activities. Often this involves gaining the trust of children and/or carers or a vulnerable adult in order to gain access to them in order to sexually abuse them. For example, sexual manipulation includes care or attention given to a particular child or adult by giving them gifts, money, drugs or alcohol, encouraging romantic feelings, or exposing them to sexual concepts through conversations or exposure to pornography.
Online sexual harassment is the act of sending an electronic message, series of messages, or logging into an online platform with content that may be indecent in nature, with the intent of causing the recipient to engage in or submit to an activity sexually with another person, including but not necessarily the sender.
Both children and vulnerable adults can be victims of sexual manipulation and online sexual manipulation, children being a particular target of online manipulators.
Safeguarding consists of the steps we take to prevent, report and respond to harm or abuse and to protect the health, well-being and human rights of anyone who comes into contact with SCOP, whether SCOP employees and related staff, partners, participants to programs and communities.
Volunteers are members of the local community where SCOP operates and who carry out tasks for SCOP on a voluntary basis.
Visitors refer to a range of people visiting SCOP premises or programs, including representatives of donors or partner institutions, journalists, media, celebrities, family member.
This document was approves on 16 March 2022 by IAGOS LASZLO ENDRE, SCOP President