Asd and ssd, appointment of the child protection officer extended to 31 December

Safeguarding: there is more time for the appointment of the person responsible for the protection of minors for Asd and Ssd, until 31 December 2024. The news of the postponement comes with the Coni resolution 159/89 regarding the fulfilment of the obligation foreseen by the reform on the health and safety regulations for minors involved in sports activities (Article 33, Legislative Decree 36/21). A postponement to be welcomed, given that the implementing decree envisaged for the aforementioned discipline has not yet been issued, even though the deadlines set by law have passed.

From a subjective point of view, compliance with the regulation necessarily involves Asd and Ssd that perform amateur sports activities for minors, as well as the affiliating sports bodies. Compliance should also involve the Territorial Committees of the Federations and Sports Promotion Bodies that, although not expressly mentioned in the regulation, would fall within the scope of the reform provisions. In this sense, it should be considered that there would be no preclusion on the possibility that the person in charge of the protection of minors (so-called safeguarding manager) would be common in agreement with other bodies.

What is important is that the person in charge should meet the minimum requirements laid down by the Italian Olympic Committee for the performance of the task, i.e. competence, autonomy and independence, also with respect to the social organisation. It is therefore necessary to assess the appointment of an external person who does not perform operational functions in the risk areas. Moreover, in view of the delicate areas of competence of the child protection officer, it would be advisable, if not actually mandatory, to ask him/her - before appointment - for a criminal record certificate, in order to ascertain the absence of convictions for certain offences that the legislation tends to protect. This is also in view of the legislation (Legislative Decree 39/14) that allows, under certain conditions, to verify the existence of convictions for certain offences against minors.

Once appointed, it is up to the Asd/Ssd to disseminate the information by both publishing it on its website and posting it at its premises, as well as communicating it to the safeguarding manager of the relevant sports body. Among the functions assigned to the child protection officer are those of supervision and control, with the additional task of taking the appropriate initiatives to prevent and combat all forms of abuse, violence and discrimination.

Particular attention must be paid by the person in charge in handling the report in compliance with the obligation of confidentiality, communicating and coordinating with the safeguarding manager of the affiliation body and the sports justice bodies, where competent. This is a coordination that will certainly not be easy to implement, at least in the first period of application of the legislation. Not to mention that, pending the appointment of the person in charge by the Asd/Ssd, the safeguarding person of the Body may have to carry out supplementary investigation activities and adopt emergency measures to support the victims of abuse.