International Consultancy On conducting Training of Trainers (TOT) program on specialized juvenile justice practice and developing Guidelines (SOP’s) on working with children in conflict and contact with the law for police, prosecutors and judiciary

Job
from UN Children's Fund
Closing date: 28 Jun 2018

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, Justice for Children

The transition processes after independence have brought large-scale legal and judicial reforms in Azerbaijan. Justice for Children and Juvenile Justice have been considered as priority areas of reforms in justice sector. It is remarkable that, a number of principles of the UN Convention on the Rights of the Child on juvenile justice are reflected in the national legislation. Thus, the prohibition of life imprisonment with and without the possibility of parole, application of arrest, detention or imprisonment of a child only as a last resort, as well as the principles of presumption of innocence were all taken into account in the legislation of the Republic of Azerbaijan. In addition, the right of being notified immediately and directly or through parents, legal representatives on the charges against him/her are also reflected on the national legislation.

As part of UNICEF’s regional agenda, Juvenile Justice reforms have been initiated in Azerbaijan since 2007 which resulted in significant improvements for the protection of the rights of juveniles in conflict with the law. Over the years, UNICEF has focused on improvement of legislation, piloting diversion services for children in conflict with the law, capacity building of government stakeholders and raising awareness among officials and the public about the juvenile justice concept. In parallel with these interventions, UNICEF has also been actively promoting the conception of Access to Justice for Children which encompasses a much broader array of issues than juvenile justice, and envisages the protection of all fundamental rights of children through criminal, civil and administrative proceedings. According to UNICEF, as well as other international and regional organizations’ sources, there are still risks, challenges and gaps in ensuring access to justice for children in Azerbaijan. Lack of a fully-functional specialised system of procedures for children in conflict and contact with the law remains a concern. The system of diversion is informal and ad hoc, and alternative measures are not used in practice in any systematic way. Fundamental fair trial rights, such as access to counsel prior to questioning and child friendly courtrooms are also deficient. Legal advice and legal aid services for children have not sufficiently considered children’s needs and the existing resources are insufficient. The rights of children as victims/witnesses in criminal proceedings have been overlooked, and there are no special provisions which allow them to testify in a child-friendly manner. A multi-disciplinary approach to working with children in conflict with the law, at risk, and as victim/witnesses in proceedings is lacking, and the assessment by social work professionals or psychologists is often lacking.

The Committee on the Rights of the Child has called Azerbaijan to bring its juvenile justice system in line with the Convention on the Rights of the Child on several occasions. During its most recent review in 2012, the Committee noted some progress, but remained concerned about the number of issues, particularly as the lack of law enforcement personnel specialized in child-related investigations and in interrogation of children in conflict with the law. The Committee, therefore, recommended to ensure the training of all relevant law enforcement professionals on the child-sensitive investigations and interrogations as well as child friendly approach in judicial proceedings.

These recommendations could be supported by the Committee’s General Comment No 10, noting that “[a] comprehensive juvenile justice system further requires the establishment of specialized units within the police, the judiciary, the court system, the prosecutor’s office, as well as specialized defenders or other representatives who provide legal or other appropriate assistance to the child”.

The Vienna Guidelines on Administration of Juvenile Justice (1997) also requires that, in order to ensure the effective administration of the juvenile justice system, all persons having contact with, or being responsible for, children in the criminal justice system must receive education and training in human rights and international juvenile justice standards, particularly on those provisions of the UNCRC, which directly relate to their daily duties.

In order to address these issues the specialization of the juvenile justice system included as one of the priorities in the Country Programme Document between UNICEF and the Government of Azerbaijan for 2016-2020. In regard to this, elaboration of Guidelines on application of child-friendly practices in police, prosecutors and judiciary as well as technical support to formation of specialized juvenile justice teams are included in the Rolling Work Plan (RWP) between UNICEF and Ministry of Justice and Ministry of Internal Affairs on Access to Justice for Children for 2018-2019.

How can you make a difference?

The objective of this assignment is to prepare a Guidelines including Standards of Procedures and practical tools for working with children in conflict and contact with the law in police, prosecutors and judiciary, and develop and deliver the Training of Trainers (TOT) program on specialized juvenile justice practice. The consultancy will meet the Output 1.4 of the relevant RWP as “Children’s access to justice is ensured through specialized justice system”.

The consultancy is also relevant in ensuring UNICEF’s support to the Government to meet its obligations under the UN CRC in terms of reforming the juvenile justice system.

The assignment will provide the adequate national capacity in formation of specialised juvenile justice teams across the country and ensure the sustainability of capacity building of law enforcement officials.

International Consultant will be responsible for accomplishment of the following tasks:

  • Design and develop the TOT training program (Power point presentations and handouts) on specialized juvenile justice practice;
  • Conduct TOT program for national group of trainers on specialized juvenile justice practice;
  • Develop the Guidelines (including SOP’s and Code of Conduct) on working with children in conflict with law, child victims and witnesses for police, prosecutors and judiciary.
  • TOT program should be focused on, but not limited to the concepts of “best interests of a child”, prevention of delinquency, diversion, protection of victims and witnesses, non-custodial measures, child -friendly approach in judicial proceedings, etc.

    Following international human rights standards are recommended to be used as reference documents in developing the training package and Guidelines:

    - UN Convention on the Rights of the Child;

    - UN Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (‘Beijing Rules’);

    - UN Guidelines for the Prevention of Juvenile Delinquency, 1990 (‘Riyadh Guidelines’);

    - UN Rules for the Protection of Juveniles Deprived of their Liberty, 1990 (‘Havana Rules’);

    - UN Standard Minimum Rules for Non-Custodial Measures, 1990 (‘Tokyo Rules’);

    - Guidelines for Action on Children in the Criminal Justice System, 1997 (“Vienna Guidelines”);

    - UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, 2005;

    - Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice, 2010.

    The contract with international consultant will cover the period 2 July to 30 October 2018 (with 28 working days).

    In the period of July 2 to October 30, 2018, the following deliverables are expected:

    2 working days, by 10 July

  • Inception report outlining the contents of the TOT program and Guidelines;
  • 8 working days, by 25 July

  • First draft TOT program on specialized juvenile justice practice;
  • 2 working days, by 5 August

  • Final version of the TOT program on specialized juvenile justice practice incorporated the comments of the UNICEF Country office;
  • 4 working days, by 25 August

  • Conduct in-country visit and facilitate a 4 days TOT workshop on specialized juvenile justice practice for national trainers group;
  • 10 working days, by 20 September

  • First draft of the “Guidelines (including SOP’s and Code of Conduct) on working with children in conflict with law, child victims and witnesses for police, prosecutors and judiciary”;
  • 2 working days, by 30 October

  • Final version of the “Guidelines (including SOP’s and Code of Conduct) on working with children in conflict with law, child victims and witnesses for police, prosecutors and judiciary” incorporated the comments of the UNICEF Country office.
  • To qualify as an advocate for every child you will have…

  • Advanced university degree in Law, International and European law, Social Sciences, Policy Analysis, or related field.
  • Minimum 10 years of practical and consultancy experience in the area of administration of international principles and standards on juvenile justice, family or child judge or equivalent, plus experience in human rights protection, and other relevant areas.
  • Experience and knowledge of the regional developments, particularly the issues of child rights monitoring in Europe and post-Soviet countries.
  • In depth knowledge of independent administration of juvenile justice and best practices in Europe and globally.
  • Strong experience in provision of a high-level policy advice.
  • Strong experience and expertise in training and coaching.
  • Ability to work in a team with tight deadlines.
  • Familiarity with UNICEF’s mission and mandate.
  • Fluency in English; knowledge of Russian or Azerbaijani is an asset.
  • Interested individual consultant must submit the following documents/information to UNICEF for application:

    a) CV and motivation letter.

    b) Financial proposal: inclusive of all fees including international travel expenses. Daily subsidies will be paid based on the UN standard rates for Azerbaijan.

    c) Written examples for similar assignments in the past.

    For every Child, you demonstrate…

    UNICEF’s core values of Commitment, Diversity and Integrity and core competencies in Communication, Working with People and Drive for Results.

    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.

    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.

    How 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=513891