National Consultant - Researcher with expertise in child rights and child protection law (Part-time, Remote) Bucharest/Romania

Contract

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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

How can you make a difference?

Purpose of Activity/Assignment

National Consultant (Researcher with expertise in child rights and child protection law) to conduct National level study on legal framework related to unaccompanied and/or separated children and children evacuated from institutions from Ukraine.

Since the onset of the war in Ukraine, UNICEF Romania has been working closely with national and local authorities to expand services in child protection, education, health and nutrition, WASH, and social protection. Estimated over 40,000 refugee children are in Romania and many of them are separated from one or both parents. Over 5,800 unaccompanied and/or separated children (UASC) from Ukraine were registered in Romania, some of them being currently in the special protection system in Romania. Other children entered the country as part of the evacuation of residential care institutions in Ukraine.

Children without parental care and children with disabilities face a higher risk of family separation, violence, abuse and exploitation. Moreover, the number of children in need of protection and care may increase as existing care arrangements of family units breakdown or children become separated from one or both parents. Whilst there is certainly an immediate urgency to continue short-term humanitarian interventions, UNICEF support is going beyond, towards integration and progressive inclusion of refugees in Romanian society. There are also clear longer-term needs to create sustainable and robust national systems equipped to deal with all vulnerable children, without retreating to mechanisms such as institutionalization.

The Regional Office UNICEF, in close consultation with the Regional Office 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.

Scope of work

To contribute to the regional legal analysis, UNICEF Romania Country Office is looking for two National Researchers with expertise in child rights law (one consultant) and in migration law (one consultant) to carry out national level study. The consultants selected to undertake the national research will receive support and guidance from both the UNICEF Romania and Child Circle.

The consultants will work together and combine perspectives to fulfil the following key generic and specific tasks and responsibilities:

• Reviewing and adapting the methodology provided by Child Circle in consultation with UNICEF Romania to the specific situation of the country (the methodology includes: a proposed table of content; tool for mapping national legal framework; template to document case studies; detailed questionnaires – framework to guide the legal analysis; questions for key informant interviews).

• Mapping of relevant national legislation, including:

o Confirm weather specific international and regional conventions have been ratified by Romania

o List the national legislation and related policies and guidance which incorporate the international obligations

o List of additional relevant laws, policies and guidelines (e.g., national migration, child protection, family)

o Provide information on current proposals for legislative or policy reform

• Independently carry out legal analysis based on the methodology provided by Child Circle, including:

o Undertake a critical analysis of the application of the laws in the focus areas of research, in the national context, resulting in the drafting of the key findings using a detailed questionnaire elaborated by Child Circle and adapted to the national context

o Key informant interviews to further investigate the application of the law in the national context, better understand how legal challenges identified are being addressed and to inform the development of recommendations.

o Develop recommendations based on the analysis of gaps in the national system as well as on standards, guidance and good practices.

o Identify, review, document and analyze 3-5 case scenarios that illustrate the legal challenges of protecting displaced children and how these could be addressed

• Systematically brief UNICEF Romania and Child Circle on the research progress, findings and incorporate their feedback into the drafts

• Support UNICEF Romania in organizing consultative meetings/national roundtable and present the research and preliminary findings and recommendations (ppt) to key stakeholders and partners; reflect and respond to the comments received as part of these consultations

• Finalize the National Legal Study

• Prepare 4 briefing notes for thematic consultations and lead the technical discussions together with UNICEF Romania

• Develop drafts guidance documents to address the recommendations – in agreement with the national government and UNICEF Romania.

UNICEF will have sole ownership of all final deliverables; no part of the deliverables will be reproduced without permission of UNICEF.

Work assignment and deliverables

Review and adapt the methodologyAdapted methodology to the specific situation of the country30 June 2023, 3 daysMapp relevant national legislation National Legal Framework Profile 31 July 2023, 10 daysUndertake the legal analysis of the application of the law, key informant interviews, selected case studies and draft findings and recommendationsDraft National Legal Study (critical analysis, key findings and recommendations, case scenarios30 September 2023, 45 days Prepare and deliver presentation (ppt) of the gaps and recommendations in a national roundtablePresentation delivered and feedback collected31 October 2023, 2 Days Update the National Legal Study following consultations / national roundtableFinal National Legal Study including inputs from consultations15 November 2023, 5 days Prepare 4 briefing notes for thematic consultations and lead the technical discussions together with UNICEF Romania4 briefing notes and lead 4 thematic consultations15 November 2023,10 days Develop drafts guidance documents to address the recommendations in agreement with the national government and UNICEF2 guidance documents to address recommendations30 November 2023, 5 daysCoordinate the National Legal Study, ensure timely delivery of consolidated deliverables/outputsConsolidated deliverables/outputsJune-Nov-2023 -6 days to be determined after the selection

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

Knowledge/Expertise/Skills required

National Consultant / Researcher with expertise in child rights and child protection law

• Advanced university degree in social sciences, law

• Minimum 8 years of relevant professional experience in child rights and child protection system, including in reform and policy debates in these areas, is required

• Experience as a practicing social worker with knowledge of relevant national procedures is a strong advantage

• Familiarity with the application of international private law (e.g. 1996 Hague Child Protection Convention) in the national context

• Familiarity with rights-based approaches

• Knowledge of national guardianship and child-care system

• Experience with issues related to the protection of unaccompanied and separated migrant children is an advantage

• Strong knowledge and expertise in conducting research (desk reviews, interviews, writing evaluation reports, etc.), preferably on legal aspects

• track record of publications in the field covered by the TOR is a strong asset

• Ability to work in a multi-disciplinary team and establish harmonious and effective working relationships

• Ability to communicate and expertise in cooperation with different stakeholders, professionals, communities, families and children

• previous work experience with UN Agencies will be considered an advantage

• Excellent written, reading and speaking skills in English and Romanian; ability to synthesize complex information into key messages

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.

Application procedure:

The application will be made in the dedicated UNICEF platform and it must include:

1. an Updated CV focused on the skills and experience matching those requested by the current consultancy; List of similar projects, portfolio as applicable:
2. Financial Offer should indicate the GROSS amount in RON as per the attached template Financial Offer_legal research CP.xlsx

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.

The selected candidate is solely responsible to ensure that the visa (applicable) and health insurance required to perform the duties of the contract are valid for the entire period of the contract. 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.