UNITED NATIONS CHILDREN’S FUND
For the provision of technical assistance to the Ministry of Justice in the drafting of the Analysis on the implementation of the Law on the Protection from Domestic Violence for the period 2010-2015
- An advanced university degree preferably in Law, or alternatively in social sciences or other relevant field;
- 10 or more years of experience and expertise in the area of protection of children and women victims of violence;
- Familiarity with the local context in Montenegro in particular with respect to the justice, social protection and child care system reform is a strong asset;
- Knowledge of the UN Convention on the Rights of the Child and relevant international standards in the area of protection of children and women from violence;
- Previous work experience with UNICEF will be considered as an advantage;
- Excellent command of English or Montenegrin language, whilst fluency in both will be considered as an advantage;
- Strong communication and writing skills.
Terms of Reference
International Consultancy to provide technical assistance to the Ministry of Justice in the drafting of the Analysis on the implementation of the Law on the Protection from Domestic Violence for the period 2010-2015
1. Background and Context
Violence against children exists in every part of the world, cutting cross culture, class, education, ethnicity and income. Every child holds immense potential, their vulnerability and dependence on adults around them makes their protection imperative. Research shows that 1 in 3 Montenegrins know a child who is affected by violence. A UNICEF survey in 2013 revealed that 68% of children aged 1–14 years in Montenegro were subjected to psychological aggression within the family during the month preceding the survey. The general acceptance of violence within families as well as the low level of reporting of domestic and sexual violence raises concerns about the actual level of abuse against children in Montenegro.
Montenegro has ratified a number of conventions including the Convention on the Rights of the Child, and Council of Europe Convention on the Exercise of Children’s Rights, Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention) and Convention on preventing and combating violence against women and domestic violence (Istanbul Conventions) among others. A comprehensive national legal framework regulating violence against children has been put in place (the Criminal Code 2003, the Family Law 2007, the Law on Protection from Family Violence 2010, the Treatment of Juveniles in Criminal Proceedings Act 2011; the Law on Social and Child Protection 2013), and the proposed amendments to the Family Law explicitly prohibit all forms of violence, including corporal punishment, in all settings.
The Law on the Protection from Domestic Violence, which was adopted in July 2010 contains a broad definition of domestic violence, it prescribes more immediate and effective measures for the protection from violence and measures of support to victims including the right to psycho-social support, free legal aid, social and medical care, material assistance, and accommodation.
As regards the policy framework, a new Strategy for the Protection from Family Violence (2016-2020) was adopted in 2015, and the Ministry of Health in Cooperation with the WHO developed a draft strategy relating to the protection of children from violence, which will be finalized by the Ministry of Labour and Social Welfare with the support of UNICEF during 2016.
Montenegro has been using an inter-sectoral approach to cases of violence against children, as reflected by the work of the local-level Operational Multidisciplinary Teams for the protection of children from violence, abuse and neglect (OMTs). In the period 2002-2015, OMTs provided more than 2,300 child-victims of the most severe forms of violence with immediate protective measures. The successful experience of the OMTs, which were initially a pilot supported by UNICEF, was recognized by the Government by integrating the OMTs into the system and expanding their mandate in 2012 to include the protection of all victims of family violence.
In order to strengthen day-to-day cooperation between institutions dealing with domestic violence and operationalize procedures and regulations on issues such as reporting, legal processing, rehabilitation, etc., the Code of Conduct in cases of Domestic Violence was developed in 2011 by MoJ, MoLSW and the Ministry of Interior. The Code contains an Annex related to roles and responsibilities, i.e. acting of relevant institutions in cases of violence against children and child abuse and neglect, the development of which was supported by UNICEF.
However, many challenges for the implementation of the legislation remain, including lack of data and uniform methodologies for data collection, and various issues regarding the functioning of the multi-disciplinary response mechanisms. The main shortage of capacity regarding the protection of the most vulnerable groups of children remains the non-existence, or poorly developed social services such as: family counselling, legal and psycho-social assistance, shelters for women and children victims of violence. Centres for Social Work (CSW) are mandated to provide psycho-social services, however, in most cases they do not have the capacity to respond to all the needs.
Considering that it has been five years since the Law on the Protection from Domestic Violence entered into force an analysis of the implementation of this Law will be very important in order to better understand what has worked well and what needs to be improved both in the Law itself and in justice system (courts and prosecutors’ offices) in order to improve its implementation. Recommendations for amendments to the Law will be provided if proved necessary. An international consultant is required for this assignment.
2. Purpose and Objective
The purpose of this assignment is to contribute to better protection of children and woman from domestic violence in Montenegro by strengthening the capacity of MoJ to protect children from violence.
The objective is to provide technical assistance to the Ministry of Justice of Montenegro in the process of preparing the analysis of the implementation of the Law on the Protection from Domestic Violence with recommendations for amendments to the Law in order to achieve better results in practice. The consultancy aims to establish whether the Law is fully functional and operational from both justice system and legislation perspective.
3. Methodology and Technical Approach
The methodology will include desk review, analysis of available statistics, consultations with the Ministry of Justice, Ministry of Labour and Social Welfare and relevant professionals, writing of the analysis including proposal of legal provisions, and presentation of the results and findings to stakeholders.
The Consultant will work both from home and abroad. He/she will undertake two visits to Montenegro in order to receive inputs from relevant stakeholders and to present findings and recommendations to the MoJ and other relevant stakeholders once the report is almost finalized.
4. Activities and Tasks
The international expert is expected to:
- To review, in the light of international instruments and standards (CRC, CEDAW, UN Secretary General Study on Violence Against Children, relevant CoE conventions) the Law on the Protection from Domestic Violence, the Code of Conduct in the Domestic Violence Cases, the Strategy on Protection from Domestic Violence, assessments of OMTs; Guidelines for the work of OMTs and other relevant documents and reports prepared by UNICEF, UNDP or other organizations in Montenegro;
- To review and analyse statistics and data on violence cases prepared by the Ministry of Justice for five years period (2010 to 2015) on type of protection orders that were issued in five year period, extension, expiry and replacement of an order granted before and after the proceedings, enforcement of orders, penalty provisions etc. To review the reports on the implementation of the previous Strategy on Protection from Domestic Violence prepared annually by the Ministry of Labour and Social Welfare,
- To consult and meet with relevant counterparts (UNICEF, the MoJ, MoLSW and relevant professionals from both institutions and the civil society sector) and to collect the necessary data and information during a first field mission to Montenegro;
· To draft and submit to UNICEF the 1st draft Report on analysis of the Law’s implementation including recommendations;
· To present the draft Report and obtain feedback from the Ministry of Justice and other relevant stakeholders and UNICEF during a second field mission to Montenegro;
· To prepare and submit the final Report on the implementation of the Law on Protection of Domestic Violence with recommendations.
5. Key Deliverables and Timeframe
This assignment is expected to commence on 23rd May 2016 and end on 30th June 2016. The consultant is expected to spend a total of 15 working days on this assignment. He/she will spend up to 5 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:
Number of days
Desk review (of legal texts, reports and statistics)
By 10 June 2016
Field work in Montenegro in order to meet with relevant counterparts and to collect necessary data and information
By 13 June 2016
Draft and submit to UNICEF for feedback by UNICEF and MoJ draft Report on the Law’s implementation with the recommendations
By 20 June 2016
Field visit to Montenegro in order to present findings and obtain feedback from MoJ and other relevant stakeholders and UNICEF
By 25 June 2016
Prepare and submit the Final Report on the implementation of the Law on Protection of Domestic Violence with recommendations
By 30 June 2016
Total number of days
6. Management and Organisation
Management: The Consultant will be supervised by the UNICEF Child Protection Officer. The relevant national stakeholders will be consulted on a regular basis for the feedback regarding the consultant’s work performance.
Organization: International Consultant/s 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 23 May 2016.
7. Qualifications/specialized knowledge/experience required to complete the task:**
The Consultant/s is expected to have the following qualifications/specialized knowledge/experience required to complete the task:
The candidates are requested to submit their financial offer consisting of fee for the services to be provided, travel and subsistence costs, as/ if applicable.
The consultant’s fee may be reduced if the assignments/deliverables are not fulfilled to the required standard. In a case of serious dissatisfaction with the consultant’s performance the contract may be terminated in line with UNICEF procedure in such matters and as spelled out in the contract. ;
Source: ReliefWeb Jobs