I Background and Context
Children come in to contact with the law for various reasons – as defendants or witnesses in criminal proceedings; as parties in family proceedings; as victims of physical or psychological violence, sexual abuse or other crimes or rights violations; and as parties in civil or administrative matters including health care, social security, disability, asylum and refugee claims. The outcomes of such cases can be hugely significant for children’s lives in the long and short term.
One important building block for a child-friendly justice system is for children to have access to expert, specialised and trusted legal practitioners. They can make an enormous difference to a child’s experience in the justice system and to the outcome of their case. Access to justice for children considers that every child has the opportunity to equal access to justice and is able to participate effectively in all matters that affect him/her, including criminal, civil and administrative proceedings. This means that justice institutions need to be accessible and adapted to the needs of the child and the rights of the child.
UNICEF Regional Office for Europe and Central Asia (ECARO) conducted research on children’s access to justice in 2015 (Children’s Equitable Access to Justice, Central and Eastern Europe and Central Asia, UNICEF, Geneva, 2015). One of the findings was that there was a lack of guidance for legal practitioners in the region when providing children with support and assistance in accessing justice. In response to this, UNICEF ECARO developed the guidelines on child friendly legal aid to be a practical tool to support both experienced and newly qualified legal practitioners in their daily work on the frontline of children’s rights.
The guidelines are aimed at government funded and private lawyers, paralegals and other legal practitioners who provide legal aid to children in civil, criminal, administrative and restorative justice proceedings, as well as when representing children in national, regional and international human rights monitoring bodies.
The Ministry of Justice of Montenegro and Bar Chamber of Montenegro contributed to the process of development of the Guidelines which are, once finalized, adopted by the Bar Chamber. In addition, an Intersectoral Working group composed of judges, prosecutors, lawyers, representatives of the Ministry of Justice and Ministry of Labour and Social Welfare has been established to promote implementation of legal aid provisions for children. Hence, UNICEF will provide technical assistance to respective institutions in developing training material and conducting the training of a selected number of defence lawyers, judges, prosecutors and social workers on how to implement the guidelines in their everyday work with children.
II Purpose and Objective
The purpose of this assignment is to improve the status and rights of children participating in court proceedings by giving them the opportunity to participate effectively in all matters that affect him/her, including criminal, civil and administrative proceedings. This is one of the key principles for child friendly justice. The objective of this activity is to provide technical assistance to the Bar Chamber and Judicial Training Centre of Montenegro to develop a training programme and increase capacities of a selected number of professionals in understanding and providing child-friendly legal aid to children.
III Methodology and Technical Approach
The methodology will include:
- Desk review of the relevant legislative and policy documents and available publications/reports on access to justice including the guidelines on child friendly justice;
- Consultations with national institutions and UNICEF on the topics to be covered by the training programme;
- Development of training curriculum in line with the respective international standards and guidelines on child friendly legal aid;
- Delivery of the trainings for judges, prosecutors, lawyers and social workers.
The Consultant is expected to work both in the field and from home. Further details are presented in the section below “Activities and Tasks”.
IV Activities and Tasks
The activities of the assignment will be conducted in close cooperation with the relevant representatives of the Ministry of Justice, Judicial Training Centre, Bar Chamber and UNICEF’s Child Protection Team.
Under the supervision of UNICEF Child Protection Officer, the consultant is expected to do the follow:
Number of days and Timeframe
To review: the Guidelines on child friendly legal aid, (2016); Convention on the Rights of the Child (CRC); General Comments No.12 (children's right to be heard); General Comment no 14 (the right of the child to have his or her best interests taken as a primary consideration); European Convention on the Exercise of Child Rights; Council of Europe`s Guidelines on Child Friendly Justice, Guidelines in Justice On Matters involving children victims and witnesses of crime; UNICEF CEECIS Study: Children’s Equitable Access to Justice; new Amendments to the Family Law of Montenegro; Law on Social and Child protection; Law on protection of domestic violence; Act on Treatment of Juveniles in Criminal Proceedings.
By 10 March 2020
To communicate with respective officials from the relevant institutions and UNICEF to receive in-depth guidance.
By 15 March 2020
To develop of the draft training programme, agenda and training material.
By end-March 2020
To integrate comments and finalize the training programme for defence lawyers, judges, prosecutors and social workers.
By end March 2020
To prepare and a facilitate a two 2-days intersectoral training for judges, prosecutors and defence lawyers and a 1-day training for social workers, and to prepare final consultancy report.
By end-April 2020
Total number of working days
V Key Deliverables and Timeframe
This assignment is expected to commence on 1 March 2020. The consultant is expected to spend a total of 21 working days on this assignment, out of which he /she will spend up to 6 working days in Montenegro while rest of the time s/he will be home based.
The Consultant is expected to produce the following key deliverables:
Development of training programme, agenda and material.
By end-March 2020
Three 2 days intersectoral training for judges, prosecutors and defence lawyers.
One day training for social workers.
By end April 2020
Deliver consultancy report including recommendations.
By end April 2020
VI Managment and Organisation
- Management: The Consultant will be supervised by the UNICEF Child Protection Officer.
- Organization: An International Consultant will be required for this consultancy. If more than one consultant is engaged for the assignment, the fee for each consultant will be negotiated depending on their qualifications, the scope of work required from each consultant and the duration of their engagement.
- Schedule: This assignment will commence on 1 March 2020.
VII Qualifications/specialized knowledge/experience required to complete the task:
The Consultant is expected to have the following qualifications/specialized knowledge/experience required to complete the task:
- University degree in law or other related social science;
- Master’s in law or social science will be considered as an advantage.
Five (5) or more years of experience in human rights and particularly child rights;
- Experience in developing trainings and delivering trainings to professionals from the access to justice and child protection field;
- Familiarity with the access to justice area is a strong asset;
- Knowledge of the Convention on the Rights of the Child and relevant international standards in child protection and access to justice including CoE documents on child friendly justice;
- Previous work experience with UN/UNICEF or other international organization will be considered as an advantage.
- Excellent command of English, whilst knowledge of Montenegrin language will be considered as an advantage.
- Effective communication skills;
- Demonstrate abilities to meet deadlines.
VIII Application procedure:
- To apply for the vacant position please submit P-11 form through “apply” button;
- Candidates are requested to submit a financial offer as a separate document consisting of a daily professional fee, travel costs for two visits to Montenegro and DSA costs for up to 4 days to be spend in Podgorica, Montenegro.
IX Selection Method:
All applicants will be screened against qualifications and requirements set above. Candidates fully meeting all the requirements will be further evaluated based on the criteria below:
1. Technical Criteria - Interview – 70 % of total evaluation– max. 70 points
- Education: 10 points
- Previous experience: 20 points
- Technical questions at the interview: 30 points
- Other: 10 points
Only candidates who obtained at least 70% of points from the technical part (who will score at least 49 points) will be qualified for considering for financial proposal evaluation.
2. Financial Criteria - 30 % of total evaluation – max. 30 points.
- Financial scores will be calculated using the formula [lowest offer / financial offer of the candidate x 30].
Mandatory learning: Upon concluding the recruitment process and prior to signing the contract, all Consultants and Individual Contractors, including those working from home, must complete the following three online courses.
- Ethics and Integrity at UNICEF
- Prevention of Sexual Harassment and Abuse of Authority
- Sexual Exploitation Abuse (PSEA)
In addition, Consultants and Individual Contractors must completethe following coursebefore commencement of any travel on behalf of UNICEF.
- BSAFE security training
The courses can be found on the following link: UNICEF Mandatory Training/Learning Classes.
X Budget and Remuneration
- Payment schedule
The payments will be made upon successful completion of the deliverables and submission of invoices.
UNICEF reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if work/outputs is incomplete, not delivered or for failure to meet deadlines.
- Budget and Remuneration
Interested contractors are requested to submit their financial offer consisting of fee for the services to be provided, travel and subsistence costs, as applicable.
UNICEF is committed to diversity and inclusion within its workforce and encourages qualified female and male candidates from all national, religious and ethnic backgrounds, including persons living with disabilities to apply.
Only shortlisted candidates will be contacted and advance to the next stage of the selection process.
How to apply:
UNICEF is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of our organization. To apply, click on the following link http://www.unicef.org/about/employ/?job=529387