National Consultant- "Assessment of sexual abuse cases before the Gender based Violence Courts", Accra-Ghana

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UNICEF - United Nations Children's Fund

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Application deadline 9 months ago: Monday 31 Aug 2020

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, [insert tagline]

In rich and poor countries alike, violence or the threat of it constitutes a fundamental violation of the rights of women and girls. It constitutes a breach of fundamental rights to life, liberty, dignity, equality between women and men, non-discrimination and physical and mental integrity. After decades of sustained advocacy and legal reform, there are laws that criminalize violence against women and girls yet huge deficit in the punishment and sanctioning of crimes against women and girls still exists. The Declaration on the Elimination of Violence against Women defines violence against women as: “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.”

It is the obligation of the state to exercise due diligence to prevent, investigate and prosecute acts of violence against women and children as established in international and national laws. Ghana like many other countries have made progress in the enactment of national laws such as the Domestic Violence Act, the Children’s Act and the Trafficking Act yet, the implementation of these laws remains far too slow for many people. Too often, the very infrastructure for justice- the Police, as well as the Courts sometimes fail to provide the requisite protection to victims of violence.

SDG 5- Achieving gender equality and empowering all women and girls is one of 17 goals for the United Nations 2030 Agenda and it is integral to all dimensions of inclusive Sustainable Development.

Scope of the assessment

The assessment will focus on victims of sexual and gender-based violence with particular emphasis on those cases that are discontinued and thus fail to reach the trial stage and or result in conviction. The assessment will also look at efforts of the courts in advancing the cases, protecting victims and prosecuting and punishing perpetrators. The point is that when the justice system is responsive to victim needs, and priorities and decisions resonate with the local context, the system seamlessly ensures meaningful social change and a reduction in the incidence of sexual violence can easily be achieved.

Low conviction rate of sexual violence offences may indicate a failure of one or more aspects of the criminal justice system to uphold the rights of victims to access justice. The assessment will thus examine where possible, the full range of components of reporting, investigations and the prosecution process such as Police investigations, committal proceedings and trials. Each of these steps in the process is considered as important in determining the outcome of a case and each provides important information on where and how attrition could occur and subsequently be reduced.

The assessment should further seek to explore how and why some cases are dropped from or exit the formal justice system including evidentiary challenges such as forensic examination or victim withdrawal. Such points of exit by extension can be located within the Police Service, the prosecution or the courts.

Purpose of the assignment

The overall objective of this assignment is to contribute to ending violence against women and girls through strengthened due diligence of the formal justice system. The assessment is being undertaken to inform changes within the system that will lead to an improvement in the delivery of services to women and children. UNICEF in 2018 supported the Judicial Service to conduct a broader assessment of "children before the courts" which led to the establishment of child-friendly gender-based violence courts. It is expected that the current assessment will provide compelling findings for further advocacy and inform outcomes for women and children accessing justice.

Methodology

In undertaking the above assignment, a mapping of the sexual violence legislation and the legal process must be undertaken. A quantitative review of at least 100 case files must be undertaken. A qualitative interview through the use of semi-structured questionnaires should be undertaken, and focus group discussions with key informants will be imperative. The informants should include persons from the justice actors, civil society groups that work to protect abused women and girls, including persons providing forensic or medical services.

The assessment does not aim to provide nationally representative data to measure or compare attrition rate. However, key factors that can impact on attrition for the purpose of addressing a reduction in the attrition rate should be identified. The study is limited to female victims of defilement or rape.

Tasks To be Completed

This assignment is expected to be for a duration of approximately 16 weeks.

In close collaboration with the Judicial Service and under the general guidance of the Child Protection Specialist (Justice) of the UNICEF Child Protection Programme, the Consultant will undertake the following tasks:

  1. In consultation with partners and based on the review of some initial case files, determine the scope of the assessment.
  2. Based on the initial assessment of case files, submit an inception report for the assignment. The report should among other things indicate your understanding of the assignment, the methodology to be implored and submit a detailed work plan for undertaking the entire process.
  3. Undertake the assessment including reference to the legal processes. Where possible, the full range of components of reporting, investigations and prosecution process such as Police investigations, committal proceedings and trials should be looked at as each step is important in determining the outcome of a case and each provides important information on where and how attrition could occur and be reduced.
  4. Submit draft report based on point (3) above. The report should include recommendations for improving the handling of Gender based Violence cases. As far as practicable the report should make graphical presentation to make the report easily comprehensible.
  5. Organize and facilitate key stakeholder meeting to validate the report. Documenting inputs from stakeholders. Depending on the situation of COVID 19, meeting can be organized virtual
  6. Share final report with UNICEF incorporating feedback from the validation meeting.

Deliverables and time frame for submission

#

Activity

Deliverables

Duration

1

In consultation with partners and based on the review of some initial case files, determine the scope of the assessment.

Scope of assignment determined

2 weeks

2

Based on the initial assessment of case files, submit an inception report for the assignment. The report should among other things indicate your understanding of the assignment, the methodology to be implored and submit a detailed work plan for undertaking the entire process.

Inception report submitted

  1. weeks

3

Undertake the assessment including reference to the legal processes. Where possible the full range of components of reporting, investigations and prosecution process such as Police investigations, committal proceedings and trials should be looked at as each step is important in determining the outcome of a case and each provides important information on where and how attrition could occur and be reduced.

Case audit done

6 weeks

4

Submit draft report based on point (3) above. The report should include recommendations for improving the handling of Gender based Violence cases. As far as practicable the report should make graphical presentation to make the report easily comprehensible.

Draft reported submitted

2 weeks

5

Organize and facilitate key stakeholder meeting to validate the report documenting input from stakeholders. Depending on the situation, of COVID 19, meeting can be organized virtually.

Validation of draft report held and key inputs documented.

1 weeks

6

Share final report with UNICEF incorporating feedback from the validation meeting.

Final report submitted. Give specifications of your report

3 weeks

Total

16 weeks

Payment and Payment Schedule

The consultant will be paid fees based on specified deliverables and schedules of percentage instalments.

The contractual total amount is to be negotiated with successful applicant and UNICEF following established contractual processes.

Proposed payment schedule:

  • 20% of fee upon completion of deliverable 1&2
  • 40% of fee upon completion of deliverable 3&4.
  • 40% of fee upon completion of deliverable 5&6.

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.

Official Travel Involved:

Field visits are expected for this assignment to different regions where necessary. UNICEF will cover the cost for such field visits and arrange for transportation where feasible. All travels must be according to the workplan and travel plan approved by supervisor. The consultant/s will not be entitled to payment of overtime. All remuneration must be within the contract agreement.

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

  • An advanced university degree (Master’s or higher) in law or related field
  • A minimum of five (5) years of relevant professional experience in undertaking case audit or similar assignment
  • Developing country work experience and/or familiarity with emergency is considered an asset.
  • Demonstrated experience in working with government partners and other stakeholders in public sector development programs especially in the area of capacity development.
  • Demonstrate knowledge of the formal legal system
  • Demonstrate excellent interpersonal and professional skills in interacting with government and development partners;
  • Ability to work with minimal supervision;
  • High level written and oral communications skills in English
  • Must be result-oriented, a team player, exhibiting high levels of enthusiasm
  • Skills in facilitation of stakeholder engagements/workshops;
  • Evidence of having undertaken similar assignments;
  • Fluency in English is required. Knowledge of another official UN language (Arabic, Chinese, French, Russian or Spanish) or a local language is an asset.

    CP - TOR National Consultant- Assessment of sexual abuse cases.pdf

For every Child, you demonstrate…

UNICEF's values of Care, Respect, Integrity, Trust, and Accountability (CRITA) and core competencies in Communication, Working with People and Drive for Results.

The functional competencies required for this post are...

View our competency framework at

http://www.unicef.org/about/employ/files/UNICEF_Competencies.pdf

UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization.

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:

Mobility is a condition of international professional employment with UNICEF and an underlying premise of the international civil service.

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.

Added 9 months ago - Updated 9 months ago - Source: unicef.org