3.2.2 Safeguarding Laws and Regulations

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There are international and national laws and regulations that relate to safeguarding. The aim of these laws is to protect vulnerable persons from harm by ensuring that unsuitable persons do not end up working or engaging with these at-risk of harm populations. To guide institutions in developing their internal policies and ensuring compliance with these laws and regulations, a contextual analysis of these laws is required with assistance from departmental heads e,g. legal and compliance.

At the international level, there are laws that provide for the protection and promotion of the rights of all persons such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and to specific interest groups such as:

Special focus is paid to the Interagency Standing Committee Principles on Sexual Exploitation and Abuse (SEA) appreciating that sexual and gender-based violence is the most prevalent form of violence against learners in higher learning institutions, and one of the core reasons affecting effective learning in these institutions. These standards codify the minimum acceptable standards of behaviour for service providers and their staff, and they require that:

  • SEA is treated as gross misconduct, with the potential for dismissal;
  • Prohibits staff from paying for sex or exchanging goods or services for sex;
  • Prohibits sexual activity with anyone under the age of 18, notwithstanding the age of consent in your country, or being mistaken about the age of the person is no defence;
  • Strongly discourages relationships with beneficiaries and or partners as they impact on the integrity of our services.
  • Obliges staff to report concerns as soon as they become aware of them, and;
  • Obliges staff to create and maintain a culture which prevents sexual exploitation and abuse. Managers have a particular responsibility for holding their teams accountable for the implementation of a culture which prevents sexual exploitation and abuse. 


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