Organization: UN Children’s Fund
Purpose of the Assignment
UNICEF Serbia has been working closely with the Ministry of Justice to strengthen the justice for children system in Serbia. Priority area in programming include support to strengthening the implementation of procedures and practices that secure that the principle of the best interests of the child is paramount when decisions affecting children are made in the justice system. UNICEF supports the reform of the juvenile justice system, the implementation of highest international standards in the protection of child victims/witnesses in criminal proceedings and the protection of children who are interested parties in civil proceedings cases in which the rights and interests of the child are decided such as those related to violence, custody and care issues.
The Family Law of Republic of Serbia (2005) envisages a series of individual rights of the child, which are defined not as rights which are derived from the obligation of parents, but as special and independent rights of the child. Thus, the child is allowed to decide independently on a series of issues that directly concern him/her and the principle of the best interest of the child is proclaimed as a supreme principle when decisions affecting the child are made in court proceedings. The Law provides that the child can freely express his/her opinion in all matters affecting the child and have those views being given due weight in accordance with the child’s age and maturity. Also, the child is authorized to initiate various proceedings in order to protect his/her own rights, and is entitled to an independent representative.
Despite these positive legislative changes and certain efforts invested in capacity building of professionals working with children in civil proceedings, there is only an ad-hoc evidence on the implementation of those legally defined provisions in practice. Namely, the existing data-management system (AVP) used by all basic and higher courts in Serbia does not foresee regular recording and reporting on all related indicators which would allow for generating reports and national-level annual monitoring. This is also confirmed in the Action plan for Chapter 23, section 18.104.22.168. which specifically provides for the improvement of regulations and practices for managing data in the courts by records keeping in compliance with the principle of ‘best interests of the child’ in civil proceedings.
The purpose of this consultancy is to contribute to the realization of the rights of the child through advancing regulations/policies and management of data concerning children in civil proceedings.
Work Assignment Overview
The consultant will be responsible for providing technical support in close cooperation with the Ministry of Justice (MoJ) and under the supervision of UNICEF. MoJ will ensure adequate human resources (focal point) who will directly facilitate all related tasks and regularly closely cooperate with the contractor. The focal point team will provide all necessary information to the contractor, including access to existing data-management, during the realization of the task. Coordination and cooperation will be conducted through established communication lines.
Task 1: Conduct initial consultations with MoJ, UNICEF and selected professionals/experts in order to obtain and define set of indicators on the right of the child in civil proceedings (up to 10 days)
- Review the national normative framework and ratified international standards that regulate the rights of children in civil proceedings.
- Review the existing analyses of current regulations/policies for data management systems related to children in civil proceedings (including UNICEF analysis) and their recommendations.
- Conduct interviews with relevant stakeholders related to the topic (e.g. Supreme Court of Cassation, Appellate, Higher and Basic Courts, Ministry of Justice, Statistical Office of the Republic of Serbia).
- Develop a list of data/indicators regarding children in civil proceedings (including their operational definitions and segregation required) and verify the proposed list with the Ministry of Justice and UNICEF counterparts.
Deliverables: List of data/indicators with operational definitions developed
Timeframe: Mid of December 2018
Task 2: Conduct analysis of the existing data management system in courts with proposal for its upgrading (up to 15 days)
- Review the existing AVP evidence system/registers and e-data base in order to assess its compliance with proposed indicators, i.e. to identify gaps that needs to be addressed by a) introducing new items/parameters into the evidence-templates to be timely filled-in by courts and b) setting-up predefined instruction (formula) for generating annual reports on selected indicators by MoJ.
- To provide detailed instruction for a) amending the existing evidence-templates (introducing new items/parameters into the templates to be regularly and timely filled-in by courts and b) setting-up predefined instruction (formula) for generating annual report on selected indicators by MoJ. The instruction should act as a basis for the Agency contracted by MoJ which is accountable for regular maintenance and upgrade of the data-base/software.
- Provide inputs for the revision of regulatory acts of relevance for ensuring legal basis for upgrading the data-management system.
Deliverables: Detailed instruction for amending the existing evidence-templates and generating pre-defined reports; Draft amendments of related regulatory documents
Timeframe: End of January 2019
Task 3: Closely follow-up the process of testing/piloting of the upgraded data-management solution and provide support to its fine-tuning/finalization as needed (up to 15 days)
- Provide monitoring, supervision and advice during the process of piloting with selected numbers of field-sites/end-users.
- Review of the received material (enters in data base on the new indicators, questions and recommendations of end users).
- Adaptation of data/indicators list and/or operational definitions and instructions if needed.
Deliverables: Final report (including as needed final revised instruction and revised draft amendments)
Timeframe: Mid of May 2019
- Minimum Bachelors or equivalent degree in Law
- Master degree in Law or social sciences is an asset
- Minimum 3 years of legal expertise in Data/Case Management Systems in Justice sector
- Proven experience in similar assignments (a traceable list of references with the name of the client, contact person, email and phone number should be submitted)
- Proven knowledge in the rights of the child in civil proceedings
- Knowledge of, and experience in, applying quantitative and qualitative analytical methods
- Excellent knowledge of written and spoken Serbian and English
How to apply:
Your application must include a financial proposal containing the following information:
- Daily rate in RSD (all costs to be included e.g. health insurance, pension, usage of mobile phone).
Important notes:Incomplete applications will not be taken into consideration.Only short-listed candidates will be contacted.
Deadline for applying: 4th November 2018
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.
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 to become a part of our organization. To apply, click on the following link http://www.unicef.org/about/employ/?job=517162