UNITED WAY ROMANIA
SAFEGUARDING POLICY
1. INTRODUCTION
United Way Romania Foundation (hereinafter referred as “UWRo”) envisions strong, supportive communities committed to helping people reach their potential. UWRo believes all people should be safe and protected from all forms of harm and abuse. UWRo sees safeguarding as a responsibility and is committed to preventing harm from occurring to children, youth, vulnerable adults, all staff members regardless of position or hierarchical level, as well as volunteers, interns, independent consultants, and collaborators and community members.
2. LEGAL AND REGULATORY FRAMEWORK
This Policy is anchored in the applicable international, European Union, and Romanian legislative framework, including the UN Convention on the Rights of the Child and its Optional Protocols, the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention, CETS No. 201), Regulation (EU) 2016/679 (GDPR), Directive (EU) 2019/1937 on whistleblower protection, Law no. 272/2004 on the rights of the child, Law no. 217/2003 on domestic violence, and Law no. 361/2022 on the protection of persons reporting breaches of law. A full index of applicable legislation is available upon request.
3. PURPOSE
To define the Policy principles, describe its framework, and elaborate the commitment to put in place all reasonable measures to prevent and respond to all forms of harm and abuse in relation to community work.
Regarding the Prevention and Combating of Discrimination and Harassment at the Workplace, UWRo has a dedicated guide as part of its Internal Regulations, to provide all employees with the necessary tools to ensure the full exercise of their individual rights and freedoms within the workplace and professional environment.
UWRo carries out its activities in vulnerable communities through the development and implementation of education, health, and socio-professional integration programs. To this end, UWRo collaborates with other non-governmental organizations whose role is to deploy UWRo programs directly within the community.
4. STATEMENT
UWRo believes that everyone has an equal right to protection from abuse and exploitation and adopts a zero-tolerance approach to violence, sexual abuse and harassment, and exploitation of children and vulnerable adults and members of its personnel regardless of position or hierarchical level, as well as volunteers, interns, independent consultants, and collaborators. UWRo is committed to taking all reasonable measures to ensure the safety and well-being of anyone
involved in or connected to our work, particularly children. Organizations working with UWRo in implementation of community work are expected to adhere to this statement.
5.APPLICABILITY
This Policy applies to:
• All staff members, regardless of position or hierarchical level (including members of the Board of Directors and UWRo’s executive management), as well as volunteers, interns, independent consultants and collaborators.
• Any individual or entity working on behalf of UWRo in all its locations (this includes implementing partners).
• Any individual or entity carrying work for UWRo in all its locations (this includes contractors and suppliers).
6. RESPONSIBILITIES
All categories of individuals and entities performing activities for or on behalf of UWRo, as described in Section 5 are responsible for creating a safe environment for people who participate in all these activities, people with whom we work, and our staff. UWRo senior management at all levels is accountable for the implementation, and dissemination of the Policy and for taking all the appropriate measures for prevention and response. Children, youth, and vulnerable adults who are active and/or participate in our programs must be aware of and understand the importance of the Policy.
UWRo designates a Safeguarding Focal Point from within its senior management team, responsible for overseeing the implementation of this Policy, acting as the primary point of contact for all safeguarding concerns, and ensuring that reporting mechanisms are operational and accessible. The identity and contact details of the Safeguarding Focal Point shall be communicated to all staff, volunteers, and implementing partners.
7. PREVENTION STRATEGIES
UWRo commits to preventing harm from occurring by mandating safeguarding training for new staff members regardless of position or hierarchical level, as well as for volunteers, interns, independent consultants, collaborators, and regular refresher sessions. It establishes robust procedures for safer recruitment, proactive risk identification, reporting, incident management, and investigation.
Do no harm.
UWRo adheres to the Do No Harm principle, ensuring that its programs, activities, and interventions do not inadvertently cause harm to the communities it serves, including through unintended power imbalances, dependency relationships, or the disruption of existing community structures.
Partner safeguarding requirements.
UWRo requires all implementing partners and collaborating organizations to have in place safeguarding policies and practices consistent with the standards set out in this Policy Where such organizations do not have a safeguarding policy in place, UWRo may provide this Policy to them for adoption and use, subject to their commitment to implement it effectively and in full compliance with its requirements.
Responsible communication about beneficiaries.
UWRo ensures that all public communications, including fundraising materials, social media content, and reports to donors, present children and vulnerable adults in a dignified and respectful manner consistent with their rights and best interests. Identifiable images, stories, or personal data of beneficiaries shall not be used without prior informed consent from the beneficiary and, in the case of children, from a parent or legal guardian. Digital communications involving or directed at children shall comply with applicable data protection requirements.
8. PRINCIPLES
Regarding children UWRo is committed to respecting the four (4) Principles of the UN Convention on the Rights of the Child (UNCRC):
Art. 2 Non-discrimination
All children should enjoy their rights regardless of who they are, where they live, what language they speak, what their parents do, or what they believe and never be subjected to discrimination. No child should be treated unfairly on any basis. We should detect and prevent any discrimination traits and address them in a timely manner if they occur.
Art. 3 Best Interests of the Child
In all its actions with and related to children, the best interests of the child shall be a primary consideration. This principle should be a guiding principle during the project management cycle.
Art. 6 The Right to Survival and Development
In our work we ensure that children not only survive but also have the opportunity to develop “to the maximum extent possible.” This covers everything from physical health and nutrition to mental, emotional, and social development. We must consider the impact of our activities and interventions on children’s survival and development.
Art. 12 The Views of the Child
We must ensure that children’s views are respected and have their opinions taken into account according to their age and maturity, that they are given adequate opportunities to participate in decisions that affect them. Children should be supported to express their views freely.
In addition, UWRo safeguarding Policy is guided by the principle of Article 5 of the United Nations Convention on the Rights of the Child (UNCRC), which acknowledges the vital role of parents, guardians, and caregivers in providing appropriate guidance to children. We respect the evolving capacities and maturity of children ensuring that our approach to safeguarding adapts to their development stage. We are committed to supporting children, in collaboration with their caregivers, to understand and exercise their rights within a safe and protective environment.
9. DEFINITIONS
A. Child protection:
Child protection is a term used to describe the actions that individuals, organizations, countries and communities take to protect children from acts of harm, maltreatment (abuse) and exploitation e.g., domestic violence, exploitative child labor, commercial and sexual exploitation and abuse, physical violence to name but a few. It can also be used as a broad term to describe the work that organizations undertake in particular communities, environments or programs that protect children from the risk of harm due to the situation in which they are living.
B. Safeguarding:
For UWRo, as an umbrella term it means taking all necessary steps to prevent harm to both aid recipients (children and adults) and staff and responding appropriately if harm occurs.
C. Child Safeguarding:
Child safeguarding is the responsibility of organizations to ensure their staff, as well as any natural or legal person acting on behalf of or for the organization, operations, and programs do no harm to children, do not expose children to the risk of harm and abuse. Thus, any concerns that the organization has about children’s safety within the communities in which they work are reported to the appropriate authorities.
This means we ensure that:
• Anyone who represents our organization behaves appropriately towards children and never abuses the position of trust that comes with being a member of our organization family.
• Everyone associated with the organization is aware of and responds appropriately to issues of child abuse and the sexual exploitation of children.
•We create a child-safe environment in all of our activities by always assessing and reducing potential risks to children.
This Policy covers the following forms of abuse:
Physical abuse: The act in which a person causes a child physical injury, illness, or pain, or subjects the child to neglect or similar. This may involve the person hitting the child with or without an implement, pinching, kicking, pushing, throwing, shaking, pulling the child’s hair, scratching, or biting the child, stepping, or stamping on the child, or forcing objects into the child’s mouth. Physical abuse also includes poisoning, burning, scalding, and trying to drown or suffocate the child. Any form of corporal punishment is considered physical abuse of children.
Psychological abuse: Psychological abuse includes severe punishment, ridicule, criticism, mockery, disparagement, rejection, freezing out, unreasonable demands, forced isolation from social contacts and age-appropriate activities, threats, and constant refusal to listen to what the child has to say. Certain harmful experiences shall also be considered psychological abuse, for example, if the child is forced to witness (see or hear) violence in his/her immediate environment or live in an environment where there is frequent violence or threats of violence. All forms of physical abuse of children, including sexual abuse, involve psychological abuse.
Sexual abuse: Covers all forms of sexual acts or threats forced on a child by another person in a position of power. Sexual abuse means that the other person is exploiting the child’s position of dependence, and the act is based on the other person’s purposes that violates the child’s integrity, takes place against the child’s will, or is something that the child cannot understand, is not mature enough to undertake, or cannot give informed consent to.
Sexual exploitation: Actual or attempted abuse of a child’s vulnerable position for sexual purposes based on a position of power or trust. This includes but is not limited to, promising the child monetary, social, or political gain through sexual exploitation.
Sexual abuse online (through the internet): Covers all forms of sexual abuse and threat, physical and non-physical, which forced on a child by another person through the internet.
D. Safeguarding Vulnerable Adults:
For this Policy, an adult means anyone over the age of 18 who is the recipient of the aid provided through partner NGOs that UWRo works with. A vulnerable adult is generally defined as an individual who, due to age, disability, illness, religion, sexual orientation, or other factors, is at an increased risk of harm, exploitation, or abuse; adults who require assistance and support and who are experiencing or are at risk of abuse or neglect and are unable to protect themselves. Abuse can take place in many forms but is commonly seen as discrimination, neglect, sexual abuse, financial abuse, and physical abuse. UWRo is committed to protecting vulnerable adults from abuse and putting in place efforts and measures that enable them to make informed choices.
E. Protection against Sexual Exploitation, Abuse, and Harassment:
Child safeguarding focuses on protecting children from all forms of harm, while Prevention of Sexual Exploitation, Abuse, and Harassment address sexual misconduct affecting both children and adults in organizational settings.
Sexual harassment: Any unwelcome conduct of a sexual nature that might reasonably be expected or be perceived to cause offence or humiliation. Sexual harassment may occur in the workplace or in connection with work. While typically involving a pattern of conduct, sexual harassment may take the form of a single incident.
10. REQUIREMENTS
All individuals and entities listed in Section 5 of this Policy shall comply and report any breach of this Policy. UWRo has a zero-tolerance approach to violence, sexual abuse and harassment, and exploitation of children and vulnerable adults and members of its personnel. To this effect UWRo staff members at all levels (including volunteers, interns, independent consultants) will be aware and comply with Appendix 1 – Code of conduct regarding the safeguarding.
UWRo will ensure that all allegations of harassment, exploitation and sexual abuse as well as child abuse committed by the categories of individuals and entities referred to in Section 5 are thoroughly examined, risk assessed and, if necessary, investigated and/or referred to another agency for investigation or reported to law. 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-centered approaches. Investigations will include a risk assessment for all those involved. UWRo will work with community partners to have the ability to similarly investigate allegations of sexual harassment, exploitation, abuse and child abuse by their staff.
Whistle-blower protection: UWRo will protect anyone who reports suspected misconduct in good faith from negative action taken against them and will not tolerate any form of retaliation against whistle-blowers and reporters.
Survivor-centered approach. In responding to safeguarding incidents, UWRo adopts a survivor-centered approach, prioritizing the safety, dignity, and well-being of the person affected. The wishes and needs of the affected person are taken into account throughout the response process, subject to mandatory reporting obligations under applicable Romanian law. Confidentiality is maintained to the maximum extent permitted by law and consistent with the protection of others from risk of harm.
Reporting mechanism. UWRo maintains an accessible and confidential reporting mechanism through which any person may raise safeguarding concerns, including concerns about the conduct of all the categories of individuals and entities referred to in Section 5. Safeguarding concerns may be reported directly to the designated Safeguarding Focal Point or through any other channel established by UWRo for this purpose. Reports may be submitted anonymously. All reports are treated as confidential, assessed promptly, and acted upon in a proportionate manner.
11. SANCTIONS
UWRo reserves the right to impose disciplinary sanctions, in accordance with the personnel regulations in force, Code of Conduct and Internal Rules and Regulations documents.
12. POLICY REVIEW
This Policy shall be reviewed at least every three years, or earlier in the event of significant changes in applicable law or regulation, organizational structure, or program activities. The Safeguarding Focal Point is responsible for coordinating the review process. Any material amendments to this Policy shall be communicated to all persons to whom it applies.
APPENDIX 1 – UWRo Code of conduct regarding the safeguarding
UWRo’s ability to achieve its vision and mission depends on the individual and collective efforts of all categories of individuals and entities, as indicated in Section 5 of the Safeguarding Policy. To this end, these categories of individuals and entities must uphold and promote the highest standards of ethical and professional conduct and comply with UWRo policies. UWRo’s Safeguarding Policy and this Safeguarding Code of Conduct set out the safeguarding conduct that all categories of individuals and entities mentioned above must follow to protect anyone from harassment, exploitation and sexual abuse, as well as child abuse, by these categories outlined in Section 5 of the Policy.
This Safeguarding Code of Conduct provides guidance to all categories of individuals and entities to whom this Policy applies, 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 UWRo’s disciplinary procedures and applicable laws for UWRo employees, and the termination of contracts and/or agreements for the other categories of individuals and entities. The categories of individuals and entities set out in Section 5 of this Policy must read and comply with this Safeguarding Code of Conduct.
As an individual/entity performing activities for or on behalf of UWRo, I will:
• Create and maintain a safe and fair organizational culture that prevents and opposes harassment, sexual exploitation and abuse, as well as child abuse.
• Treat everyone with dignity and respect and challenge attitudes and behaviors that contravene the UWRo safeguarding Policy and safeguarding code of conduct.
• Immediately report any concerns I have about possible violations of the UWRo safeguarding Policy or safeguarding code of conduct, either by a UWRo employee or including volunteers, interns, independent consultants. 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.
• 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 UWRo 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.
• Disclose UWRo any civil judgment or criminal conviction that relates to allegations on me of sexual harassment, exploitation or abuse of any person.
• Always ensure another adult is present when working with children.
• 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.
• Protect, manage and properly use the human, financial and material resources of UWRo and I will never use UWRo resources, including the use of computers, cameras, mobile phones or social media, to exploit or harass participants in UWRo programs, children or others in the communities where UWRo works. I am aware that this means that it is prohibited for all the categories of individuals and entities mentioned in Section 5 of this Policy to access, display or transmit offensive and/or pornographic material on any electronic device used / provided or subsidized by UWRo (ex: computer, tablet, telephone) at any time or on any personal electronic device, in a UWRo workplace network.
As an individual/entity performing activities for or on behalf of UWRo, I will not:
• Harass, exploit or sexually abuse anyone and I understand that these behaviors constitute acts of serious misconduct and are therefore grounds for disciplinary action, up to (and including) dismissal.
• 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 defense.
• Exchange money, jobs, goods or services for sex, including sexual favors or other humiliating, degrading or exploitative behavior. 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.
• 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 UWRo’s actions. I understand that I must declare to my line manager or higher manager any previous
relationship with participants/beneficiaries of the programs. I will seek guidance regarding this prohibition from the appropriate manager.
• Solicit any services or sexual favors from participants in UWRo programs, children or other people in the communities where UWRo operates, and I will not engage in sexual harassment, exploitation or abuse.
• Support and not take part in any form of sexual exploitation or abusive activities, including, for example, child pornography, human trafficking or child marriage.
• 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.
• Use inappropriate, harassing, abusive, sexually provocative, humiliating or culturally inappropriate language or behavior towards children.
