CODE OF CONDUCT FOR THE PROTECTION OF MINORS
AND VULNERABLE ADULTS
SERVANTS OF THE GOSPEL OF GOD’S MERCY
INTRODUCTION
The Missionary Family ‘Servants of the Gospel of God´s Mercy, with its headquarters in San Miguel (Buenos Aires, Argentina), is an international entity with juridical personality in the canon and civil laws of most of the countries in which it is present. The Missionary Family carries out the pastoral work of proclaiming the Gospel and forming missionaries, with a preferential option for young people.
Given our dealings with minors, due to the activities we carry out with young people and families, the need arises to draw up this code of conduct, in a spirit of prevention and active vigilance, to ensure that all members of the Missionary Family and all people in contact with minors and vulnerable adults in our activities are committed to guaranteeing them a safe space, dignified treatment and a positive environment for personal growth in faith.
‘Looking to the future, everything that is done to generate a culture capable
of preventing these (abusive) situations not only from being repeated but also
from finding spaces to be covered up and perpetuated, will never be too little.
The pain of the victims and their families is also our pain, which is why it is
urgent to reaffirm once again our commitment to guarantee the protection of
minors and adults in vulnerable situations [1].
This code of conduct is a tool for evangelization and a guide to good practice in dealing personally with minors and vulnerable adults.
GLOSSARY OF TERMS
For the purposes of this Code of Conduct, the following definitions shall apply:
– Minor: any person under the age of eighteen years, unless under the law applicable to him or her in the country where he or she lives, he or she has reached the age of majority earlier.
– Vulnerable adult: a person who has reached the age of eighteen but who, because of disability, illness or age, is unable to look after him or herself.
– Abuse: according to the RAE dictionary, to abuse is ‘to make a person of lesser experience, strength or power the object of dishonest treatment’.
Abuse is therefore any action or inaction that causes harm to another person.
There are different types of abuse that can be classified into four main categories, although they are not exhaustive:
- Physical abuse: occurs when a person, in a position of trust or authority, intentionally threatens or harms the physical integrity of a child or vulnerable person.
- Psychological or emotional abuse: occurs when an adult repeatedly criticizes, threatens, rejects, and/or manipulates a child to the point of undermining the child’s self-esteem and self-worth.
- Sexual abuse: an action involving a minor by a person or persons over eighteen years of age for the purpose of obtaining sexual pleasure. It includes all acts directed at the bodily intimacy of the victim that infringes on his or her sensory sphere and/or use his or her body. [2].
- Neglect: carelessness or lack of care; the other types of abuse are accompanied by negligent behaviour on the part of one or more adults in whose care the child is placed.
- Safe environment: the set of practices and procedures that prevent the abuse of children and vulnerable adults.
PRINCIPLES AND STANDARDS
1. The present code of conduct applies to all consecrated men and women, lay servants, JuSeM of legal age and other lay people of legal age who participate in our activities with minors. It is obligatory and binding for all of them, and compliance with it is enforceable and non-compliance can be sanctioned with the disciplinary sanctions that the superiors deem appropriate.
2. The Missionary Family, in all its houses and activities, wants to be a safe environment for minors and vulnerable adults, where their dignity, integrity and rights are respected. The Missionary Family assumes the commitment of ‘zero tolerance’ towards any possible mistreatment or sexual abuse of minors or vulnerable adults, pursuing them when they
have occurred and reporting them to the competent authorities.
3. The principles we apply in our dealings with children and vulnerable adults are those of prevention, vigilance and protection.
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- Prevention: aims to take precautions or measures, as early as possible, to avoid risks that put the child or vulnerable adult at risk of abuse.
- Vigilance: care and attention to avoid inappropriate behaviour in activities or in relationship with them;
- Protection: Adequately assisting the child in this area involves promoting our education and training to recognize the signs of abuse in the child. It also involves assessing the structures of protection in order, above all, to take personal responsibility for reporting any reprehensible acts. The ongoing formation plan of the Missionary Family includes such formation, both for consecrated women and men as well as for lay people, which is regularly updated.
4. With regard to specific behaviour towards minors, both behaviour that leads to respectful and dignified treatment, avoiding discrimination of any kind, and vigilance to prevent mistreatment, abuse or harassment by any person should be promoted.
5. As preventive measures for possible sexual abuse, the following specific
behaviours should be avoided in the relationship with minors and vulnerable adults:
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- Being alone in enclosed spaces, not visible from the outside or
away from the group; not sleeping in the same room as the minor or
using private vehicles for the movement of minors (unless two adults
are present). - Unnecessary presence in areas where minors require privacy (toilets, showers, bedrooms);
- Any kind of verbal aggression or words, attitudes and behaviour that may be harmful;
- The exchange of private messages outside the scope of missionary activities without informing the parents;
- Violation of the data protection laws of the country concerned with regard to the privacy of the child’s identity and personal data.
- Being alone in enclosed spaces, not visible from the outside or
6. The following specific behaviours with minors and vulnerable adults that may be categorized as sexual abuse are prohibited:
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- Exclusive and excluding personal relationships, or threats, or any kind of favour (gifts, money, etc.) to maintain such a relationship.
- Inappropriate physical contact, invading their privacy or disrespecting their bodies.
- Engaging in erotic, exhibitionist or sexually provocative and indecent conduct in their presence.
- Sexual relations of any kind with them.
- The use or display of sexual or pornographic images, even on their own devices (mobile phone, tablet, computer).
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MEASURES FOR COMPLIANCE WITH THIS CODE
- The dissemination of this code so that it becomes known to all members of the Missionary Family.
- The signing of a letter of commitment (Annex I) of adherence and compliance with the code of conduct by all those who carry out or participate in activities of the Missionary Family with minors or vulnerable adults. This letter of commitment is renewed every two years with updated training.
- The action protocol (Annex II) indicates the procedure to be followed to report any conduct contrary to this code of which the missionary family becomes aware.
[1]. Pope Francis, Letter to the People of God,Vatican City, August 20, 2018
[2]. Acts that attack the victim’s sensory sphere, such as, for example, obscene conversations or phone calls, sexual chat; presentation of pornographic images (photos, videos); exposure of sexual organs. Acts that use the body, such as sexual touching or masturbation; imposed personal bathroom; sexual act (fellatio, sodomy, vaginal intercourse); participation in pornographic scenes; incitement to prostitution.
ANNEX I
LETTER OF COMMITMENT
At ______________, on ____ of _________ of 20__
I _________________, with ID nº ______________, member _________ ( membership: consecrated, celibate servant, servant, priest servant) or collaborator of the Missionary Family Servants of the Gospel of the Mercy of God, residing at _____________________,
DECLARE
- I have received and read the Code of Conduct for the Protection of Minors and Vulnerable Adults of the Missionary Family.
- Know that non-compliance with this Code will lead to disciplinary sanctions and, if the case deserves it, to be reported to the competent authorities.
I UNDERTAKE
- To respect in my conduct with minors and vulnerable adults involved in Missionary Family activities all that is stipulated in the Code.
- To report, responsibly and respectfully, any act of non-compliance with the Code that I witness.
And as a sign of my commitment, I sign this document,
Signature: ____________________________
Clarification: ________________________
ANNEX II
ACTION PROTOCOL
INTRODUCTION
The Congregation for the Doctrine of the Faith’s ‘Guide to Understanding Basic Procedures in Dealing with Allegations of Sexual Abuse’ states that: ‘Civil law should always be followed in the reporting of offenses to the competent authorities’.
The Magisterium of the Church not only condemns any kind of abuse of minors but calls for all to apply themselves to prevent it and to avoid it being covered up. Hence the responsibility of all the faithful to denounce such acts.
PROCEDURE
The members of the Missionary Family will report and denounce any known or suspected sexual abuse of a minor, in the time and manner established by the civil legislation of each country and by the ecclesiastical legislation (each diocese has a protocol for ecclesiastical action in the case of reports of sexual abuse that will have to be considered).
As far as possible, the report to the civil authorities should be made under
the protection of a criminal lawyer.
Normally the public prosecutor or child protection services will send a written confirmation of the report to the person who made the report. This document should be kept as proof that this duty has been fulfilled. All the details of the case should also be recorded to show the missionary family’s commitment to civil and ecclesiastical legislation.
Steps for reporting the incident:
- When a member of the Missionary Family knows or suspects sexual abuse of a minor, he/she should communicate it to the superiors (Equipo Base) for advice and to facilitate the procedure of the report and the registration of the Missionary Family’s commitment to civil and ecclesiastical regulations.
- In the event that the alleged aggressor is a cleric or a person with some ecclesiastical position or function, the complaint should be made to the office for the reception of complaints of the corresponding diocese. In all other cases, with the assistance of a criminal lawyer, make the report to the appropriate civil authorities.
- After reporting the person involved or declaring the facts, whether in the civil or ecclesiastical sphere, he or she shall make a record of all this to be filed in the records of the Missionary Family.
- In the event that the incident involves a member of the Missionary Family, always respecting the principle of the presumption of innocence, he or she shall inform the civil authorities and send a detailed report to the superiors (Equipo Base) on the content of the complaint. In addition, the victim and his/her family will be attended to and supported, and the alleged aggressor will be prevented from participating in any activity with minors while the investigation is underway.
- The duty to report, declare or denounce is the personal responsibility of each member of the Missionary Family, knowing that their omission can have serious consequences for the safety of minors, for the Missionary Family and for themselves.