Country: Montenegro
Closing date: 28 Oct 2014
UNITED NATIONS CHILDREN’S FUND
REQUIRES
International consultancy
to provide technical assistance to the Ministry of Labour and Social Welfare in the development of the Rulebook on the terms for the provision and use, norms and minimum standards of counselling-therapeutic and socio-educational services, as part of secondary legislation to the Law on Child and Social Protection
(Continuation of the Child Care System Reform – IPA 2014)
Minimum Requirements:
· An advanced university degree preferably in Law, or alternatively in social sciences or other relevant field;
· At least 7 years of experience and expertise in the area of social and child care system legislative and policy reform;
· Experience related to the functioning and minimum standards of counselling-therapeutic and socio-educational services;
· Familiarity with the local context in Montenegro in particular with respect to the social protection and child care reform;
· Knowledge of the UN Convention on the Rights of the Child and relevant international standards in the area of social and child protection;
· Previous work experience with UNICEF will be considered as an advantage;
· Excellent command of Montenegrin language, whilst fluency in English is desirable (both spoken and written);
· Strong advocacy, communication and facilitation skills;
· Excellent writing skills.
· Ability to work in a team.
Terms of Reference
International Consultant(s) for the provision of technical assistance to the Ministry of Labour and Social Welfare in the development of the Rulebook on the terms for the provision and use, norms and minimum standards of counselling-therapeutic and socio-educational services, as part of secondary legislation to the Law on Child and Social Protection
(Continuation of the Child Care System Reform – IPA 2014)
Background and Context
Observance of human and child rights represents an essential value of the European Union and an important part of the enlargement policy for Montenegro and the Western Balkan countries. Montenegro recognized the need to undertake relevant measures to implement institutional, legislative and administrative reforms in order to make sure that the rights and needs of each individual child are observed and protected in accordance with the UN Convention on the Rights of the Child and the EU Charter of Fundamental Rights.
Protecting children from violence, exploitation and abuse is an integral component of protecting their rights to survival, growth and development. The approach of UNICEF is to create a protective environment, where girls and boys are free from violence, exploitation, and unnecessary separation from family; and where laws, services, behaviours and practices minimize children’s vulnerability, address known risk factors, and strengthen children’s own resilience.
In Montenegro, the overall goal of the UNICEF Country programme for 2012-2016 signed with the Government of Montenegro is to accompany the country’s efforts towards increasing equity and ensuring the inclusion of children and women who are in need of special protection, live in poverty, or are socially marginalized so that they can enjoy and exercise their rights. The country programme comprises two mutually reinforcing components: Programme 1 Child protection and social inclusion; and Programme 2 Child rights, policies and EU integrations.
A crucial segment of the on-going Country programme for 2012-2016 is the continuation of the Child Care System Reforminitiative implemented by the Ministry of Labour and Social Welfare in partnership with UNICEF with the financial assistance of the European Union (IPA 2014, as a continuation of Child Care System Reform IPA 2010[1]). In addition to the Government of Montenegro having identified UNICEF as the implementing partner, the European Union has called for the application of UNICEF instruments and child protection standards[2] in the implementation of the reform process so as to ensure compliance of national policy, legislation and practice with these standards.
The reform follows a systematic approach to child protection, targeting all levels of the system and covering the areas of law reform, development of child protection standards and monitoring mechanisms, capacity building of professionals in the child protection system, deinstitutionalization and the transformation of residential institutions for children, the development of prevention mechanisms and family and community based services for children and families.
Within the Child Care System Reform IPA 2010 initiative, the new Law on Social and Child Protection was developed and adopted in 2013 (Official Gazette of Montenegro 27/2013), in a complex process led by the Ministry of Labour and Social Welfare with technical assistance provided by UNICEF.According to the Law, which has been broadly aligned with international standards, access to services in the least restrictive environment and prevention of institutionalization, and pluralism of services providers are among the principles of social and child protection. Placement in residential care became a measure of last resort and a child younger than three years of age cannot be placed in an institution unless in exceptional circumstances. The Law prescribes transformation of residential institutions in line with transformation plans in order to provide services supporting independent living, counselling, therapeutic, socio-educational services. The Law introduces standards and quality in the provision of all services including foster care. The Law also prescribes the establishment of the Institute for Social and Child Protection which will play a complex role in the development of the social and child protection system, provide professional support and supervision, license professionals and accredit training programmes and execute analytical and research programmes to inform policy and decision-making. On the other hand, it is envisaged that the Ministry of Labour and Social Welfare will license service providers.
The process of development of secondary legislation is under way, a number of bylaws have been developed or drafted. According to the Law on Social and Child Protection, all bylaws operationalizing the law need to be developed by mid-2015.
In this regard, it is recommended that an international consultant(s) be engaged to provide technical assistance to the Ministry of Labour and Social Welfare in the preparation of one of the remaining bylaws to be developed, namely the Rulebook on the terms for the provision and use, norms and minimum standards of counselling-therapeutic and socio-educational services.
Purpose and Objective
The purpose of this activity is to support the Ministry of Labour and Social Welfare in the operationalization of the new Law on Social and Child Protection.
The objective of this assignment is to provide technical assistance to the working group (WG) established by the Ministry of Labour and Social Welfare and its legal department in the process of the development of the bylaw on the terms for the provision and use, norms and minimum standards of counselling-therapeutic and socio-educational services.
Methodology and Technical Approach
The methodology will include desk review, written inputs, consultations with the Ministry of Labour and Social Welfare, active participation in the Ministry’s Legal department’s working meetings, active participation in and facilitation of the WG sessions, consultations with UNICEF and other experts involved in the process of development of secondary legislation, and if required UNDP, and presentation of the results and findings.
The Consultant/s is/are expected to work both in the field and from home.
Activities and Tasks
The Consultant/s is/are expected:
· To prepare the initial draft of the bylaw on the terms for the provision and use, norms and minimum standards of counselling-therapeutic and socio-educational services, based on a desk review of the Law on Child and Social Protection (2013) and the set of secondary legislation which has been developed so far,in harmony with the relevant legislative and policy framework in Montenegro, notably the Strategy on the Development of the Social and Child Protection System (2013-2017), the Strategy on the Development of Foster Care in Montenegro(2012-2016), the Strategy for the Integration of Persons with Disability in Montenegro (2008-2016), Family Law (2007) and other relevant laws, and in the light of international human and child rights standards and reports on the status of human and child rights in Montenegro (UN Convention on the Rights of the Child, UNICEF Guidelines for the Alternative Care of Children, UN Convention on the Rights of People with Disabilities, the Council of Europe Convention on the Exercise of Children’s Rights, the Council of Europe’sEuropean Social Charter, theInternational Covenant on Social and Economic Rights, and theInternational Covenant on Civil and Political Rights, Concluding Observations for Montenegro issued by the Committee on the Rights of the Child, the Commission Opinion on Montenegro's application for membership of the European Union, EU’sMontenegro Progress Reports and other relevant documents).
· To communicate with respective officials from the Ministry of Labour and Social Welfare in order to receive in-depth guidance.
- To work directly with the official WG during their working sessions on development of draft text of the bylaw based on the developed initial draft.
- To integrate into the draft text of the bylaw comments provided by the WG members during or after the WG sessions in order to develop a final draft which will be shared by the Ministry of Labour and Social Welfare with the Secretariat for Legislation.
· If necessary, to support the Ministry’s Legal department to finalize the bylaw through the provision of relevant feedback, comments and recommendations, in case further amendments are necessary based on the comments of the Secretariat for Legislation.
Key Deliverables and Timeframe
The Consultant/s will be engaged for 12 working days in total.
The Consultant/s is/are expected to produce the following key deliverables, by the following tentative deadlines:
- Initial draft of the bylaw on the terms for the provision and use, norms and minimum standards of counselling-therapeutic and socio-educational services (including accompanying forms for record keeping in line with the established framework), by 28 November 2014,
- Final draft of the bylaw on the terms for the provision and use, norms and minimum standards of counselling-therapeutic and socio-educational services, by 15 December 2014.
Management and Organisation
Management: The Consultant/s will be supervised by the UNICEF Child Protection Officer. The Deputy Minister of Labour and Social Welfare will be consulted on a regular basis for the feedback regarding the consultant’s work performance.
Organization: International Consultancy, individual at P4 level or institutional, with extensive experience in the area of social and child protection is required for this assignment. 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.
The candidates are requested to submit their financial offer consisting of fee for the services to be provided, travel and subsistence costs, as 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 SSA.
Schedule: This assignment will commence on 29th October 2014.
[1] As a component of the comprehensive project entitled “Social Welfare and Child Care System Reform: Enhancing Social Inclusion” which was implemented between January 2011 and July 2014 by the Government of Montenegro (the Ministry of Labour and Social Welfare and the Ministry of Education) in partnership with UNDP and UNICEF Montenegro and financial assistance from the European Union (IPA 2010), and as a component of the project’s continuation entitled “Support to the Montenegrin Social Reform”, which is funded through IPA 2014 between August 2014 and January 2016.
[2] Analytical Report accompanying the Commission Opinion on Montenegro’s application for membership of the European Union, Brussels 2010
How to apply:
Terms of Reference for the position and P11 form can be found on the websitewww.unicef.org/montenegro** or picked up at UNICEF Montenegro office.**
If you are a dynamic person who would like to contribute to delivering of long-lasting, positive changes for Montenegro’s children,please apply with a CV, P11 form, financial offer and cover letter by email, mail or fax quoting the position “Development of the Rulebook on counselling-therapeutic and socio-educational services” to the following address:
UNICEF, UN Eco House, Stanka Dragojevica bb, 81 000 Podgorica
Fax: +382 20 447 400
Email: podgorica@unicef.org
Closing date for applications is 28 October, 2014 by 12:00h.
Only short listed candidates will be contacted for interview.
UNICEF IS A SMOKE FREE ENVIRONMENT
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