International Consultant to support the Ministry of Justice of Montenegro in alignment of criminal legislation of Montenegro with child rights related international and regional instrume

Consultant Programme & Policy

Overview

Support child rights in Montenegro's criminal procedures

You have:

• Master’s degree in law is required.
• A PhD in law will be considered as an advantage.
• Ten (10) or more years of experience in human rights and particularly child rights is mandatory.
• Experience in developing research papers and analysis from the criminal legislation and procedures is important.
• Familiarity with legal context of Montenegro will be considered as an advantage.
• Knowledge of the EU acquis, CoE and UN standards in child rights is essential.
• Excellent command of English is required.
• Knowledge of local language would be considered as advantage.
• Excellent writing and presentation skills are required.
• Strong strategic and analytical skills are important.
• Demonstrate abilities to meet deadlines is essential.

Contract

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I Background and Context - The process of accession to the European Union drives Montenegro to make significant efforts in the field of alignment of its legislation with the international and regional human rights standards, , especially to procedural rights and rights of suspects and accused in criminal proceedings (including the right to information and the right of access to a lawyer), but also the procedural rights of victims, which is highlighted in the Progress Report of Montenegro for 2019. Montenegro's commitment to improving the position of victims of crime is highlighted by strategic documents, primarily the Judicial Reform Strategy 2019-2022 (with the Implementation Action Plan for the period 2019-2020), which reiterates the readiness of the Government of Montenegro to implement Council of Europe recommendations and the EU acquis in this area. In this regard, the European Union and the Council of Europe provided support to the Ministry of Justice in conducting the analysis in terms of strengthening procedural guarantees in the judicial system in Montenegro. These activities concern, among other things, the implementation of EU legislation (incorporation of relevant EU directives) as well as relevant case law of the European Court of Human Rights in the part concerning procedural guarantees for suspects, accused and victims in criminal proceedings. As child rights and guaranties are essential part of the criminal legislation, it will be necessary to complement this process with assessing child position, status and rights provided in criminal legislation against the UN, COE and EU instruments and standards in the area of child rights and procedural guaranties of children in criminal legislation whether as offenders, victims or witnesses and provide recommendations for the amendments of criminal legislation in line with UN, CoE standards and EU Acquis. In that sense, it will be necessary to indicate concreate UN, CoE standards and EU policy papers and EU Directives with which our national legislation should be alienated with concreate proposal for the amendment of legal norm.

II Purpose and Objective - The purpose of this assignment is to improve the status and rights of children participating in criminal procedures in line with UN, CoE and EU instruments and standards in the area of child rights. The objective of this activity is to provide technical assistance to the Ministry of Justice in the process of revision of criminal legislation towards improving rights and treatment of children in criminal procedures.

III Methodology and Technical Approach - The methodology will include:

- desk review of the relevant international and regional standards, legislative and policy documents and Analysis’ findings done by the Council of Europe and European Union; - consultations with the Ministry of Justice and UNICEF on the content and structure of the Analysis; - development of the Analysis with findings and recommendations; - development of the table with concreate UN, CoE standards and EU policy papers and EU Directives with which our national legislation should be alienated with concreate proposal for the amendment of legal norm (table has been already developed and approved by the Ministry of Justice) - presentation of the Analysis under the lead of the Ministry of Justice and in cooperation with the Council of Europe to a professional audience;

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 UNICEF’s Child Protection Team.

Under the supervision of UNICEF Child Protection Officer, the consultant is expected to:

Tasks

Location

Number of days and Timeframe

Review: Criminal Code of Montenegro, Criminal Procedure Code, Act on Treatment of Juvenile in Criminal Procedures, EU legislation and Directives related to the rights of child victims, witnesses and offenders; Convention on the Rights of the Child (CRC); Optional Protocols (in particular 2nd) 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); CRC General Comment No. 24 (201x), replacing General Comment No. 10 (2007) on children’s rights in juvenile justice; CRC Committee recommendations for Montenegro; European Convention on the Exercise of Child Rights; Council of Europe`s Guidelines on Child Friendly Justice; European Convention on Human Rights, The CoE Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), the CoE Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention), UN Guidelines in Matters involving children victims and witnesses of crime, a UN package on protection of the rights of children in conflict with the Law (UN Standard Minimum Rules for the Administration of Juvenile Justice; UN Standard Minimum Rules for Non-Custodial Measures; UN Standard Minimum Rules for the Treatment of Prisoners; UN Guidelines for Action on Children in the Criminal Justice System (Resolution 1997/30); UN Guidelines on the Prevention of Juvenile Delinquency; UN Rules for the Protection of Juveniles Deprived of their Liberty).

Home based

7 days

By end September 2020

Communicate with the representatives of the Ministry of Justice and UNICEF to receive in-depth guidance on the development of Analysis and agree methodological approach

Field work

3 day

By end September 2020

Develop the draft Analysis with findings and recommendations and table with concreate UN, CoE standards and EU policy papers and EU Directives with which our national legislation should be alienated with concreate proposal for the amendment of legal norm

Home based

15 days

By mid October 2020

Integrate comments and finalize the Analysis;

Home Based

3 days

By end October 2020

Presentation of the Analysis to professional audience

Field work

2 days

By 10 December 2020

Total number of working days

30 days

V Key Deliverables and Timeframe - This assignment is expected to commence on 15 September 2020. The consultant is expected to spend a total of 30 working days on this assignment, working from home and in the field visits.

The Consultant is expected to produce the following key deliverables:

Key Deliverables

Timeframe

Development of the draft Analysis with finding and recommendations with table consisting of concreate UN, CoE standards and EU policy papers and EU Directives with which our national legislation should be alienated with concreate proposal for the amendment of legal norm

By end October 2020

Presentation of the Analysis findings and recommendations

By 10 December 2020

VI Management 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 15 September 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:

Education:

• Master’s degree in law; • PhD in law will be considered as an advantage;

Experience:

• Proven experience of Ten (10) or more years of experience in human rights and particularly child rights; • Experience in developing research papers and analysis from the criminal legislation and procedures with specific knowledge of child protection field; • Background /experience in policy process, including reviews and formulation with evidence of similar assignments in other countries; • Familiarity with legal context of Montenegro in particular with criminal law legislation and judicial context will be considered as an advantage; • Knowledge of the EU aquies, CoE and UN standards in child rights in criminal proceedings, • Previous work experience with UN/UNICEF or other international organization will be considered as an advantage;

Language: • Excellent command of English. • Knowledge of local language would be considered as advantage.

Other: • Excellent writing skills, presentation skills, strong strategic and analytical skills, computer skills, negotiations skills, interactive and interpersonal communication skills; • Ability to work with Government Officials at national and sub-national levels; • 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, two travel costs and DSA costs for field work up to 3 days/each visit 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].

REMARK:

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 complete the following course before commencement of any travel on behalf of UNICEF.

• BSAFE security training

The courses can be found on the following link: UNICEF Mandatory Training/Learning Courses​ . Please be informed that the site is currently in maintenance mode as we are upgrading to a new version of the software. Therefore, you may not be able to access all course.

X Budget and Remuneration

• Payment schedule The payments will be made upon successful completion of the deliverables and submission of invoices.

• Recourse 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;

Apply now

Potential interview questions

Added 5 years ago - Updated 1 year ago - Source: unicef.org