Deadline extended: National Individual Consultancy - Legal Researcher (family and migration laws)

Contract

This is a Consultancy contract. More about Consultancy contracts.

UNICEF works in some of the world’s toughest places, to reach the world’s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential.

Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone.

And we never give up.

For every child, protection

The escalation of hostilities in Ukraine since late February 2022 has triggered Europe’s largest refugee crisis with millions of persons fleeing Ukraine having arrived in neighbouring countries. While statistics are not comprehensive, a high percentage of these persons are children, with a significant number being unaccompanied and separated children. Additionally, significant numbers of orphans and children deprived of parental care, including groups of children, have been evacuated abroad.

UNICEF Europe and Central Asia Regional Office (ECARO) in close consultation with UNHCR and in partnership with Child Circle, has initiated a legal analysis that aims to unpack the complex and overlapping relevant international and regional legal frameworks as they relate to unaccompanied and separated refugee children and children who are orphans or deprived of parental care as a result of the war in Ukraine. Please see this UNICEF webpage for more information on the context of the study.

The primary purpose of the Legal Study at the regional level is to identify and address legal issues arising in relation to the protection of unaccompanied and separated children as well as groups of children evacuated from institutional care in Ukraine. In particular, the Study will address in-depth: i) care, custodial arrangements, and guardianship ii) access to legal protection and iii) provisions for best interest procedures.

How can you make a difference?

At the national level, the focus of the legal research is to map the relevant national laws that apply to UASC and children evacuated from institutions and to identify and analyse challenges, gaps, good practices, and recommendations in the application and interpretation of such laws. The synthesis of this information will be encapsulated in a ‘National Profile’ for the Republic of Moldova.

1. Objectives of the consultancy

Mapping of relevant legislation

In the process of mapping the relevant national legislation, the legal researcher will carry out desk research and use a mapping tool developed by Child Circle to identify how international and regional obligations are reflected in the national legal framework.

Key informant Interviews

The development of the National Profile will include, as relevant, interviews with key informants (national stakeholders, experts, front-line workers) to gather more information and to understand, analyse and explore the national legal challenges which are examined by the research.

Case scenario analysis

With a view to ensure that the legal research is addressing gaps and challenges faced by Ukrainian children fleeing the war, especially regarding the protection of UASC, the national researchers will also identify case scenarios or document relevant case studies from the country. A specific methodological tool will be produced to support this work stream.

Key findings from the research

Based on the evidence collected above, the researcher will undertake a critical analysis of the application of the laws in Moldova, resulting in the drafting of the key findings as per the key research questions of the study.

Development of National Recommendations and Advocacy Strategy

Through the legal research described above and the ongoing national dialogue with authorities and key stakeholders, the research should lead to national recommendations with a focus on addressing the identified gaps and challenges in the application of relevant national laws and providing suggestions to improve protection for unaccompanied and separated children. These recommendations should, in turn, inform advocacy efforts and action.

2. Details of how the work should be delivered

The legal consultant will receive support and guidance from both the UNICEF Moldova Country Office and Child Circle to perform the following tasks:

• Independently carry out legal research based on the methodology and technical guidance provided by Child Circle
• Work together with the national child protection researcher in order to coordinate the work and reflect the recommendations and advocacy in line with the current UNICEF Moldova Country Office priorities
• Systematically brief UNICEF Moldova Country Office and Child Circle on the research progress, and findings and incorporate their feedback into the drafts
• Support UNICEF Moldova Country Office with presenting the research and preliminary findings and recommendations to key stakeholders and partners; in organizing consultative meetings, and reflecting and responding to the comments received as part of these consultations
• Draft the national research in cooperation with the national child protection researcher and prepare presentations and briefs
• Support follow-up activities to the research (e.g. in The Child Protection Working Group to present and discuss the gaps and recommendations)
• Prepare briefing notes for thematic consultations and lead the technical discussions or support UNICEF Moldova Country Office to lead them
• Develop draft guidance documents to address the recommendations – in agreement with the national government and UNICEF and under the supervision of Child Circle.

Methodology

A mixed-method approach will be necessary: a desk review of the relevant laws and legal frameworks combined with key informant interviews and/or focus group discussions with relevant Child Protection stakeholders from state bodies and civil society. The methodological guidance and tools will be developed by Child Circle, shared with the national teams of consultants, and adjusted by those. The national legal researcher will work in close cooperation with the UNICEF Moldova country office, in partnership with the national child protection researcher and with the supervision of Child Circle.

Final outcomes:

The deliverables for the national legal researcher will at a minimum include:

• Mapping of relevant national legislation
• National Profile including legal analysis of the application of the law, selected case studies and recommendations
• Updated National Profile following consultations / national roundtable

The Assessment is to be carried out under the supervision of the UNICEF Moldova Child Protection Specialist, in close and regular consultations with UNICEF ECARO and Child Circle. The National legal researcher shall also consult with relevant ministries (ex. Ministry of Justice, Ministry of Internal Affairs, Ministry of Labour and Social Protection) and civil society organizations. The assessment is to be presented to and approved by the named parties.

3. Reporting requirements

The Consultant will work under the direct supervision of the Child Protection Specialist, UNICEF Moldova in close cooperation with Child Circle and UNICEF ECARO. The methodology and tools for the National Profile will be shared by Child Circle and adjusted to the national context by the team of selected researchers.

All the activities and deliverables undertaken by the Consultant shall be discussed and planned in consultation with UNICEF. Each product will be subject to UNICEF review before approval. All deliverables need to be submitted in electronic format (Word) in the English and Romanian languages.

To qualify as an advocate for every child you will have:

• Master’s Degree or equivalent in law (5-year university education). Specialization in family, migration, or civil law will be an asset.
• A minimum of 5 years of practical experience in child rights, ideally a practicing lawyer with knowledge of relevant national procedures.
• Analytical capacity and proven experience in qualitative analysis in the area of child rights, child protection, family law or migration. Strong legal research skills.
• Demonstrated extensive knowledge of national and international law, (e.g. 1996 Hague Child Protection Convention, EU Temporary Protection Directive).
• Experience with issues related to the protection of unaccompanied and separated migrant children will be a strong asset, accessing international and national protection.
• Excellent drafting and editing skills in English. Excellent written, reading and speaking skills in Romanian.

For every Child, you demonstrate:

UNICEF's values of Care, Respect, Integrity, Trust, Accountability, and Sustainability (CRITAS).

To view our competency framework, please visit here.

For more details on deliverables and minimum requirements, please refer to attached Terms of reference (ToR)

TOR_Legal Researcher.docx

HOW TO APPLY: Your online application should contain two separate attachments: Technical Proposal and Financial Proposal (templates below). Please secure the Financial Proposal *.pdf document with a password on document view; the password will be requested only from technically qualified candidates.

Technical Offer_Legal Researcher.docx

Financial Offer_Legal Researcher.xlsx

Applications for this assignment must be received no later than: 18 January 2023

UNICEF is here to serve the world’s most disadvantaged children and our global workforce must reflect the diversity of those children. The UNICEF family is committed to include everyone, irrespective of their race/ethnicity, age, disability, gender identity, sexual orientation, religion, nationality, socio-economic background, or any other personal characteristic.

UNICEF offers reasonable accommodation for consultants/individual contractors with disabilities. This may include, for example, accessible software, travel assistance for missions or personal attendants. We encourage you to disclose your disability during your application in case you need reasonable accommodation during the selection process and afterwards in your assignment.

UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.

Remarks:

Only shortlisted candidates will be contacted and advance to the next stage of the selection process.

Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws.

Selected candidates are subject to confirmation of fully-vaccinated status against SARS-CoV-2 (Covid-19) with a World Health Organization (WHO)-endorsed vaccine, which must be met prior to taking up the assignment. It does not apply to consultants who will work remotely and are not expected to work on or visit UNICEF premises, programme delivery locations or directly interact with communities UNICEF works with, nor to travel to perform functions for UNICEF for the duration of their consultancy contracts.