What are some unspoken rules among Catholics
Why is a code of conduct necessary from a legal point of view?
The German Bishops' Conference has set a framework for the prevention of sexual violence in the Catholic Church in Germany. The diocese of Trier has adopted this as a prevention order. It is stipulated there that a code of conduct is drawn up in all areas in which children, young people and adult wards are worked.
Is a code of conduct a church idea?
No. In the manual for the protection concept of the Federal Government's Independent Commissioner for
Questions about sexual abuse can be found on page 11f. The following passage: “In rules of conduct, codes of conduct or rules for institutional action, technically appropriate behavior in dealing with children, adolescents, young women and young men is stipulated, or prohibited behavior and manners are listed.
These rules serve to guarantee employees orientation and security of action, to relieve them of difficult decisions and to close gray areas. On the other hand, rules and codes serve to ensure that an organization sends a clear signal to potential perpetrators and thus shows its own attention and sensitivity to the topic. After all, a major advantage of the code of conduct is that in the event of a violation, the motivation does not have to be clarified, but the violation of the rule is the focus.
Will the idea of a code of conduct also be implemented in other areas of society?
Yes. In 2013, a corresponding review at the federal level showed that almost every second organization had already implemented the requirement. Corresponding processes exist z. B. in sport, with workers welfare and parity welfare association and with the communal organizations.
What is the content of the code of conduct?
According to the prevention regulations, the code of conduct should establish clear rules for
- Proximity and distance,
- respectful interaction with one another,
Why doesn't the diocese just make a code of conduct for everyone?
According to the framework there is an obligation to create a code of conduct in the respective work area.
The aim is to have rules of conduct that are tailored to the specifics of an area and that are specific, understandable and implementable.
Who is developing the code of conduct?
The code of conduct is to be drawn up in a participatory manner. Children, adolescents and adults under protection should be appropriately involved in the development of the code of conduct.
What does the code of conduct mean in terms of labor law?
The code of conduct represents a service instruction and is a concrete description of the official duties. The regulations relate exclusively to activities that belong to the respective service mandate of the employee.
Clear regulations promote behavioral security and transparency for everyone involved in the work process. This can prevent unspoken expectations from leading to conflict and uncertainty.
Why do I have to sign the Code of Conduct?
With the prevention regulation, the diocese has taken over the guarantee towards children, adolescents, adult wards and their custodians that only people who work with these target groups are employed in institutions who are committed to actively protecting children, adolescents and adult wards to have. With my signature I am making this declaration of commitment.
With this signature, I signal to the children, adolescents and adult wards and their legal guardians that I am actively committed to the prevention of sexual violence and that I agree with the carrier's goal of promoting a culture of mindful togetherness.
What if I don't sign?
First of all: The official instruction given with the code of conduct also applies if I do not sign it. Because from a labor law perspective, the signature is only an acknowledgment of receipt. I confirm that I have been informed about the official duties, have understood them and know that I should adhere to them. In any case, there may be consequences under labor law if the rules of conduct are violated, even without signing.
In terms of labor law, it is sufficient to provide evidence that the employees have been given and explained the code of conduct. According to the prevention regulations, however, further use in the immediate and dependency area of children, adolescents and adult wards is not possible if I do not sign.
Is the code of conduct implemented as an official directive in all areas?
For the diocesan institutions, the employer has formally set this procedure the same. In the case of other Catholic institutions (orders, church congregations, Catholic associations, Catholic foundations, etc.), the institution can decide whether to separate the code of conduct and service instructions more strongly, as is possible according to the prevention regulations, and then introduce additional instruments (e.g. in the form of House rules).
What happens if someone breaks the code of conduct?
If someone violates the code of conduct, this constitutes a violation of an employment contract obligation. Depending on the individual case and the severity of the violation, this can have different consequences under labor law (discussion, warning, warning, termination).
What do I do if I feel that my manager has treated me unfairly?
If I have the impression that the course of action against me is incorrect, I can use the normal official channels for a counter-speech. I can raise an objection to the next higher supervisor, stating my objections. He will then check the process. If necessary, the manager's approach will be corrected or explained to me why this was the case.
What happens if a false accusation occurs?
Compliance with the code of conduct is also intended to protect employees. If I adhere to the rules of conduct, it is easier for me to prove that I have acted correctly.
In addition, paragraph 42 of the guidelines for dealing with the sexual abuse of minors regulates: "It is the task of the professor to restore the good reputation of a falsely accused or suspected person through appropriate measures."
What does the employer do to qualify me to implement the code?
Regular information and training courses on the subject of prevention are part of the protection concept. This also includes those in the code of conduct. In addition, each area is required to develop processes (as soon as the code of conduct is available), how the code of conduct is presented, regularly updated and, if necessary, revised.
Where can I find further information?
In March 2014, the German Bishops 'Conference published a brochure with the heading "Education and Prevention - Documents on Dealing with Sexual Abuse" in the area of the German Bishops' Conference as a working aid No. 246, which contains further information.
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