In order to maximally prevent possible sexual violence against children, it will be established the obligation for a person intending to engage in activities related to children to have an issued Code for the Prevention of Illegal Work with Children (QR code). Employers will be required to check whether the employee has a QR code, and the established institutions will be required to supervise employers. The provision of specialized assistance to children who may have suffered from sexual violence is being made more efficient. For those prepared by the Ministry of Social Security and Labor (SADM). The Government approved the amendments to the Basic Law on the Protection of Children’s Rights. They will still have to be adopted by the Seimas.
“Children safe from violence is the responsibility of all of us. We continue to develop tools to help protect children from the threat of sexual violence. Employers who accept people to work, provide services, volunteer or intern with children will have to use a preventive measure – request that the person submit a QR code proving that he is not convicted of sexual or other serious crimes and periodically check whether the situation has not changed. Children’s parents will also be able to request such a code when hiring individual tutors, babysitters, group leaders or other persons,” says Minister of Social Security and Labor Monika Navickienė.
And now there are provisions of the law prohibiting persons from working with children, providing services, volunteering, if they have been convicted of sexual crimes, intentional serious and very serious crimes. Such persons are included in the Register of Suspects, Accused and Convicted Persons (SPR) and, according to the currently valid legal regulation, upon employment, if such work is related to children, the employer may request to submit a certificate that the person has not been convicted. Unfortunately, in practice it is observed that such regulation does not always work. It is proposed to legalize a new method of checking persons convicted of sexual crimes, which could be used not only by employers, but also by parents of children – a QR code.
The ban on working with children, engaging in voluntary activities, doing internships, internships, engaging in individual activities or providing services to a person not only found guilty of crimes by a court verdict, but also to those who have committed crimes, but with legal grounds (guarantee, after the perpetrator and the victim have reconciled, mitigating circumstances, etc.) exempted from criminal liability.
Employers’ responsibility
The head of the institution must check the validity of the QR code of the person whose activities will be related to children:
- before hiring, allowing practice, internship, volunteering, providing services;
- periodically, at least once per calendar year (the process will be facilitated by automated checking of criminal record data using the linked databases of the Register of Suspects, Accused and Convicted Persons and “Sodras”).
Authorities responsible for checking the prevention code
In order to properly implement the provisions of the law related to the prevention QR code, a control mechanism for employers and monitoring of how these provisions work in practice should be legalized. The amendments to the law propose to distribute responsibility to several institutions according to their areas of activity and to provide that the following are responsible for monitoring the implementation of provisions in a general sense:
- The State Child Rights Protection and Adoption Service and the State Labor Inspectorate, which have the right to check and assess compliance with the legal restriction, any employer or service recipient (institution, organization) at any time;
- in social service institutions, companies and organizations – Department of Social Services Supervision under SADM;
- in educational and sports institutions, companies and organizations – the National Education Agency;
- in health care institutions, companies and organizations – the State Accreditation Service for Health Care Activities under the Ministry of Health.
It is proposed to provide for administrative liability for non-fulfillment of the established duties. For failure to check the personal prevention code before hiring or once a year – from 300 to 500 EUR, and for repeated – from 500 to 1 thousand. Eur. A higher fine is provided in the event that it is determined that the activity is carried out by a convicted person – from 3 thousand. up to 5 thousand EUR, and if such a case is determined to be repeated – from 5 thousand. up to 6 thousand Eur.
Who is prohibited from working with children?
For persons who have been found guilty by a final court verdict of crimes against the freedom of sexual self-determination and integrity of a person, for exploiting a child for pornography, profiting from child prostitution, involving a child in prostitution or possessing pornographic content that depicts a child or a person is presented as a child, buying a child or sale, as well as for other intentional serious or very serious crimes or for similar acts provided for in the criminal laws of other countries, regardless of whether the conviction has disappeared or been canceled, it is prohibited to work, provide services, volunteer for the protection of children’s rights, children’s social, educational and in institutions, companies and organizations providing sports, health care services for children, and in other institutions, companies and organizations – if the person’s activity is related to direct and regular contact with children.
Direct contact with a child is considered to be a situation where a person has the opportunity to be alone with the child, has the opportunity to create a communication relationship, establish a physical and emotional relationship. Regular contact with a child is considered to be a situation where a person has the opportunity to contact a child more than once, not by chance.
Help for children who may be victims of sexual abuse
It is proposed to transfer the services provided by the “Užuovėja” care home’s support center for children who have suffered sexual abuse to the State Child Rights Protection and Adoption Service. The proposal is made taking into account the fact that the Service responds to all reports of possible sexual abuse against a child, performs an assessment of the child’s situation, and, if necessary, accompanies the child to the Help Center or to the nearest personal health care institution providing services for children who have experienced sexual violence.
