Child Protection Policy

Child Protection Policy Overview

Children should be afforded the necessary protection and assistance so that they can fully assume their responsibilities within the community.

Medical Services Pacific (MSP) staff and affiliates recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.

MSP recognizes the Right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.

MSP will seek to protect the child from all forms of sexual exploitation and sexual abuse.

As noted in the PREAMBLE AND ARTICLES 27, 32 & 34 CONVENTION OF THE RIGHTS OF THE CHILD.

Purpose

MSP continually examines itself and its activities to ensure that everything reasonably possible is done to reduce the risk to children in MSP programs from any form of abuse, exploitation or neglect, including sexual abuse. To this end, the following standards and procedures will be implemented when interviewing and hiring new staff.

MSP takes a zero tolerance approach and stance on child exploitation and abuse (in line with Australian Governments Department of Foreign Affairs and Trade Principle 1) that recognises MSP will not willingly engage – directly or indirectly – anyone who poses a risk to children, will work to minimise risks of child abuse and exploitation associated with our core programs and functions, will investigate all reports and allegations of child abuse and exploitation made against staff and will adhere to obligations under this policy.

The following standards and procedures will be the measures that MSP implement to reduce the risk to children receiving assistance in MSP programs.

MSP is a member of the Fiji National Coordinating Committee on Children (NCCC) and contributed to the development of the Inter Agency Guidelines on Child Protection in Fiji.

MSP follows the Inter Agency Guidelines on Child Protection which complement the Ministry of Health, “Responding to Intimate Partner Violence and Sexual Violence Against Women” Health Guidelines for comprehensive Case Management. (Draft 2014 MOH Fiji).

Scope

This policy applies to all personnel including (but not limited to) all employees, senior management, volunteers, individual consultants/contractors and board members. For the purpose of this policy “staff” covers the aforementioned groups.

Recruiting and Screening Procedures

The organisation’s child protection policy includes a commitment to preventing a person from working with children if they pose an unacceptable risk to children.

All staff will be informed of MSP child protection policies at the start of the recruitment process. The policies and standards will be reviewed during orientation.
All staff will be required to complete the police clearance form, as required.
Basic screening of applications for employment will include written application; interviews (which will include child protection related questions) verbal reference checks. This includes international and local applicants.

In the best interest of the child, MSP will not hire any persons with a prior conviction for child abuse, exploitation of children, paedophilia or related offences.

All applicants will be directly asked if they have any police record or legal conviction for crimes or abuse committed against children. Further, in countries where police checks are unreliable then applicants will be required to sign a declaration of their status regarding legal conviction for crimes or abuse committed against children.
All applicants will be asked directly during an interview process if they have ever committed or participated in acts that have abused or exploited children.
All individuals who are hired as independent contractors will be notified of the MSP’s policy and standards for child protection and are made aware that they are expected to follow the behaviour protocols outlined below.
MSP will reserve the right not to hire an applicant if background checks reveal that the person is not suitable to work with children.
All of the above procedures for background checks and screenings must be followed prior to formal hiring offer being made to any expatriate and national staff.
All staff must sign the Child Protection Code of Conduct to acknowledge receipt and understanding of the MSP above mentioned behaviour standards and procedures as outlined in this policy. Follow up training will occur to ensure Child Protection material was understood.
MSP reaffirms procedural fairness when making decisions that affect a person’s rights or interests within the organisation when responding to concerns and/or allegations of child exploitation and abuse or policy non-compliance by staff.
MSP reserves the right to invoke provisions for suspension, transfer of duties, requirement of undergoing further child protection training or dismissal if any staff are under investigation for child exploitation or abuse or policy non-compliance.

Behaviour Protocols Standards (Code of Conduct)

Behaviour Protocols are designed to protect children and are also intended to protect staff from false accusations of inappropriate behaviour and abuse. Staff are expected to adhere to the following behaviours while performing their duties.

MSP staff will treat all children with respect.
MSP staff will not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate.
MSP staff will not stay alone overnight or any other time, or sleep close to/with one or more children or minors (this does not apply to individuals’ own children), whether in the staff member’s house, project premises, clinic or elsewhere. This includes not inviting unaccompanied children into private residences, unless they are at immediate risk of injury or in physical danger. If a child is at immediate risk of injury or physical danger, the staff member must notify their supervisor or the CHL immediately that a child has been brought into their residence and apply the 2 adult rule.
MSP staff never use any computers, mobile phones, video cameras, cameras or social media to exploit or harass children, or access child exploitation material through any medium.
MSP staff will not hire minors for domestic labour such as “house help” or for any other labour: which is inappropriate given their age or developmental stage; which interferes with their time available for education and recreational activities; or which places them at significant risk of injury. A minor for MSP purposes will be defined as a “child under the age of 18 years”. Even though providing employment for a minor may be culturally acceptable and provide benefits not otherwise available to the child, the hiring of minors may lead to misunderstandings and is inconsistent with MSP efforts to stop exploitative child labour.
MSP staff must not fondle, kiss, hug or touch minors in an inappropriate or culturally insensitive way. Staff must not engage children under the age of 18 in any form of sexual intercourse or sexual activity, including paying for sexual services. To avoid misunderstanding, it is recommended that a child be asked for permission before touching or holding hands and that a parent also consents.
MSP staff will comply with all relevant Fiji or local legislation, including labour laws in relation to child labour.
Where possible and practical, the “two adult” rule, wherein two or more adults supervise all activities where minors or children are involved and shall be present to supervise at all times. When two adults are not available immediately, MSP staff will look for alternatives, such as being accompanied by a respected community member who is ‘in charge’ during the visit, activity or function. MSP Registered Medical staff and senior counsellors may attend to a child alone (if this is the child’s wish or instruction), but will only attend to the child, with their door open (i.e. the cracked door protocol) so the child is in visual line of sight of their parent or guardian or appointed adult. MSP staff will avoid being alone with the door closed while attending a child client.
MSP staff will not use physical punishment on children.
MSP staff will be aware that they may work with children, minors and young adults who, because of circumstances and abuses they have experienced, may use a relationship or inappropriate suggestive behaviour to obtain special attention. The Adult will always be considered responsible even if a child behaves seductively. MSP staff will avoid being placed in a compromising or vulnerable position.
MSP provides clinical and social services for children including specific medical examinations. MSP will immediately report on any findings of child abuse, neglect or misconduct as per the law of the country. MSP staff will respond rapidly making the safety of the child a priority.
MSP provides specialised clinical and social services for at risk clients including children who have been sexually assaulted. In these cases, the “two adult” rule is critical and a guardian or parent must also be present. The Parent or Guardian must approve and sign off on all medical procedures and examinations on behalf of the child. However, where the child is of an age to understand the clinical process, then the MSP counsellor or medical practitioner shall consult with the child and advise them of the process and what to expect in the medical examination and obtain their verbal consent to proceed. In addition, a counsellor shall be made available to support the child and the parent or guardian through the medical examination process. MSP medical officers will not proceed with a medical examination if a client (including a child client) refuses the examination and will refer back to the MSP counsellor and parent/guardian for mediation on the matter. Confidentiality will be maintained as per all medical clients.
MSP staff may not transfer a child across an international border without the formal approval and accompaniment of their parent or legal guardian and with the acknowledgement of the appropriate legal governing bodies responsible for child protection or immigration. The exception to this regulation is in times of emergency, where a child is at immediate risk, such as States in Conflict or war or when there is a designated humanitarian disaster, whereby a governing body such as the United Nations (e.g. UNICEF, UNDP, UNOCHA or UNHCR) or the ICRC is mandated to approve the rescue or transfer of unaccompanied minors. As needed, MSP will develop additional country specific child protection policy and additional protocols for specialised emergency programs.
Where MSP is managing camps or emergency accommodation including programs that assist Displaced Persons, Refugees and/or unaccompanied minors, MSP will develop and apply country specific child protection policies and procedures (referring and complying with the leading UN Protocols and the IASC guidelines on GBV interventions in Humanitarian Settings) As per the Sphere Minimum Standards in Disaster response, sanitation and ablution facilities will be separated for each gender and women’s facilities will be well lighted and secured. In consultation with beneficiaries, guards may be appointed on key routes (particularly at night) to secure the pathway in instances where women and girls are vulnerable to attack or kidnapping. Similarly, the needs of girls, minors and disabled persons will be considered in camp design, layout and management.
When MSP is managing a shelter or emergency accommodation, families will be housed together as per normal cultural requirements. In cases where minors are separated from their family, or unaccompanied, a guardian will be appointed. Unaccompanied minors will be segregated by sex and have a separate chaperoned dormitory or facility. MSP will develop an additional policy and protocols for the accommodation of unaccompanied minors inclusive of ensuring ongoing education opportunities. The needs of those with disabilities will be considered when arranging shelter (where possible and feasible).
Security and Gender/Child protection issues will be considered when planning shelter and accommodation. All MSP managed shelter facilities will have security and be lit at night (e.g. ablution facilities and kitchen facilities shall have security lighting).
MSP staff must ensure the confidentiality of its clients including child clients. Minors may not be presented by the agency in meetings, workshops, events and functions for marketing purposes to raise funds or to gain media attention.
In cases of Adoption, MSP staff will follow guidelines of the state and support the mother through the process of maternity, delivery, adoption and coping. MSP staff may not adopt a child client but must refer the client to the appropriate authorities or partner agency.
In cases of formal foster care, MSP staff will follow the MSP child protection protocols, referral protocols and the law of the country. MSP staff may not foster MSP clients nor beneficiaries but are required to refer such cases to approved social service providers.
In cases of child endangerment and abduction, MSP staff will be trained and aware of child trafficking issues and shall monitor for such vulnerabilities and report as per the law of the country.
When assisting youth to travel abroad for training or scholarship opportunities, MSP will follow a strict set of study abroad protocols inclusive of child protection requirements, protocols and procedures. Guardians will accompany minors and guardians will be appointed at all residential premises. All guardians must have a police clearance and undergo an interview by representatives of MSP and the child’s parent or guardian prior to appointment.
MSP staff, volunteers and consultants will be concerned about perception and appearance in their language, actions, and relationships with children, minors and young adults. MSP staff, volunteers and consultants will live up to Medical Services Pacific’s Mission Statement and Core Values in all relationships with others.
The health, safety, confidentiality and security of MSP clients is paramount and the safety and wellbeing of child clients is a priority.
Privacy and Confidentially will be priorities for clients and survivors of sexual assault. MSP will not undertake advocacy or media statements about sexual assault cases. MSP will advise and assist survivors and their families with information to be able to prevent and manage intrusive media inquiries or other unwanted news coverage. A media plan may be developed and a safety and security plan may be developed if the client or situation requires it.
In order to assist child survivors to heal and move on, MSP will support families to identify suitable schools and accommodation and liaise with the Ministry of Education and school teachers to ensure adequate sensitization of the matter to protect the rights and confidentiality of the child.
MSP staff will immediately report concerns or allegations of child exploitation and abuse and policy non-compliance in accordance with appropriate procedures.
MSP staff will immediately disclose all charges, convictions and other outcomes of an offence that relates to child exploitation and abuse, including those under traditional law, which occurred before or occurs during association with MSP.

The Photo Policy for Using Children’s Images

When photographing or filming a child for work related purposes, MSP must:

Assess and comply with local traditions or restrictions before photographing or filming and reproducing personal images;
Obtain consent from the child and a parent or guardian of the child. As part of this, an explanation as to how the photograph or film will be used shall be provided. In keeping with the rights of the child, where the child is of an age to understand the use of photograph, their permission (along with their carer or guardian) must be obtained to utilize the photographs for marketing;
Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner;
Ensure that in photographs the people including children are adequately clothed and are not presented in poses that could be seen as sexually suggestive or otherwise sexually vulnerable. Naked or semi naked photos may not be used of either adults or children;
Ensure cultural photos of children in traditional attire are appropriate for international viewing audiences who may not understand the context. Do not release images of children partially dressed or in suggestive poses;
Ensure images are honest representations of the context;
Never use images that demonize or victimize the child or the family or identify their location;
Never use images that may portray a child in distress or suffering;
Ensure file labels and metadata do not reveal identifying information about a child when sending images electronically;
Ensure images of children that are available for public use do not reveal any identifying information.
Where possible, try to avoid taking photographs of children’s faces (if they are not with their parent or guardian), rather, take photos from behind the child, or at the side in profile, or set the scene so the children cannot be easily identified (e.g. focus the lens on the main objective and blur the edges where the children are gathered around).

Allegation/Incident Management Plan

Child Protection Organizational (Internal) Reporting Process

This reporting format must also be provided to communities that MSP work in. The MSP reporting plan will include the following:

This Process should be followed for reports concerning an alleged breach of the Child Protection Policy and/or Code of Conduct, allegations or suspicions of child abuse having been committed, or concerns/information about the actions or behaviour of MSP staff and associated personnel.

Suspected Child Abuse

In coordination with the Child Protection Officer, the Director will immediately put into effect internal reporting steps, seek instructions from the MSP management and legal staff, report to local authorities as required, and also will give due regard to the appropriateness of informing local law and judicial mechanism where this is not a requirement. If an expatriate is suspected, the Director will give due regard to the potential of extraterritorial proceedings by the expatriate’s country of origin.

Inappropriate behaviour toward children, including failure to follow MSP behaviour protocols or sexual abuse of a child is grounds for discipline, including possible legal action, up to and including dismissal from employment, volunteer activities or any contractual agreement.

Other reporting Situations

Any MSP staff who has knowledge of a potential child protection issue or policy non-compliance involving any MSP staff person will immediately contact their supervisor who will contact the Director.

Response to findings and concluding investigations

The welfare of the child is of prime importance. If abuse is proven or suspected, MSP will make every effort to assist the child in coping with any trauma. MSP will work with local health care providers, partners and the child’s family in determining and implementing the best care and support for the child.
There will be a review of the facts uncovered during the investigation to determine what actually happened, followed by a consultative decision making process about the future of the staff involved. If the decision is to terminate employment, the staff will have the findings of the investigation shared with him or her.
Any staff accused of sexually abusing or exploiting a child will be temporarily suspended during the course of the investigation. The accused person will be suspended with pay and instructed to desist from contacting MSP staff or clients.
The staff will be informed that charges have been made against him or her and will be given an opportunity to respond.
As MSP initiates an internal investigation, the person accused is encouraged to participate in the investigation by providing information and the names of witnesses to be interviewed. The person accused will not be allowed to have contact with the child. At the conclusion of the investigation, the staff will be informed of the results of the investigation and what corrective action, if any, will be taken.
An effort will be made to provide assistance to staff accused of misconduct with children, including appropriate counselling.
Police will be engaged if the internal investigation determines there is truth in the accusation, but this is conditional that the country has a functional democracy with fair and functional police and legal systems. If the perpetrator is an expatriate, they may be repatriated for legal action in their home country.
In the event an allegation is proven to be untrue, or fabricated, appropriate steps will be taken for follow-up with the person who has been accused, the child, and the person(s) who did the reporting. Counsellors may be assigned to all to assess the situation.
All information concerning the incident and investigation will be documented in writing and will be confidential – the document will be available only on a need to know basis. A copy of the confidential report of the investigation and conclusion can be provided to the board at their request. In the case that it involves a MSP staff.
In the event that the allegation is proven to be true, the employee will be immediately terminated from employment, and advised of implications and any proceedings against them.
In the event that a staff is discharged for suspected sexual abuse, the MSP management may disclose such information if requested by a prospective employer. Such disclosures will be made in accordance with applicable laws and/or custom.
MSP is governed by the laws of the country where the incident takes place and where there is mandatory reporting of such cases, the person in charge (country manager or Country Director) must report the incident to the authorities and the MSP CEO.

The CEO must make efforts to contain the situation internally and maintain confidential processes externally. However, the CEO should also prepare a media plan and an approved response in the event that the media or news outlets focus on the case. MSP must protect the identity of those involved. Staff must be reminded to maintain confidentiality of information until the matter is resolved.

Child Protection Training

All staff must attend MSP Child Protection Training within 1 month of commencement. New employees are required to request training from the Protection Officer. All staff are required to attend Child Protection Refresher Training every 6-12 months and make themselves aware of the Child Protection Procedures.

Child Protection orientation and refresher training is mandatory training for all MSP staff and attendance records will be taken and stored with SMT for follow up, evidence and recording processes.

Contractors, sub contractors, security firms, transport firms and other partners working with MSP must also have a USA, EU or Australian child protection training program certification or attend training provided by MSP every 6 months.

Policy Review

The MSP Child Protection Policy and the Child Protection Policy outlined in the MSP Human Resource Manual 3.3 Child Protection will be subject to review every five years or earlier if warranted.

Child Protection Policy – Approved 9 March 2021

MSP Child Protection Policy – Revised 2020 Approved 09032021 Download