Careers at UNICEF

Careers at UNICEF

 

Consultant - Development of Framework of Determinants and Indicators for Bottleneck Analysis of Justice for Children in India

Location: The assignment requires travel and work in Delhi and 2 states in India. The final report can be written at the consultant’s home base.

Delhi – the work in Delhi will primarily involve interaction with the Government, experts and UNICEF to develop an enhanced understanding of the context and to plan the field work 

Visit to states and districts – The closest point of contact for children with the justice system is at the district level (most often in district headquarters) – the sessions/special courts, the CWCs, JJBs, and child protection services are at the district level. Given this, data collection and interviews with key informants will be conducted at the district level. Additionally, meetings with state level key informants could be held in state capital before proceeding to districts for data collections. 

Maharashtra – Mumbai 

Uttar Pradesh – Sonebhadra

Duration: 35 working days over 9 weeks

Closing Date: 23September 2013

Purpose of the Assignment

The main purpose of this assignment is to develop a Framework of Determinants and Indicators for Bottleneck Analysis of Justice for Children in India 

Background

Justice for Children (J4C): 

  • Children come in contact with the justice system in various situations and for various purposes. Typically, children in contact with the justice systems include the following three groups of children – (1) Children in conflict with the law; (2) Children who are victims and/or witnesses of crimes; and (3) Children otherwise in contact with the justice systems for matters relating to custody, protection, inheritance claims, also known as child parties to a justice process;
  • Justice for Children (J4C) is aimed at ensuring access to justice to all children who come in contact with the system for various reasons, as mentioned above, and are protected at all times.
  • Working on J4C as a broader approach creates opportunities and more entry points to ensure justice to children, and helps in strengthening the child protection system and justice systems in the best interest of children;

Legal Framework in India:   

  • India’s Constitution and legislation have provisions to ensure protection and justice to children. The Juvenile Justice (Care and Protection of Children), Act 2000 (JJ Act) is the overarching legislation on child protection, and covers children in conflict with the law and those in need of care and protection. The Protection of Children from Sexual Offences Act, 2012 (POCSO) is aimed at protecting children from sexual violence. Various sections of the Indian Penal Code, 1860 (IPC) and the Criminal Procedure Code, 1973 (CrPC) have provisions for prosecution and conviction of adult offenders, and the JJ Act outlines procedures relating to child offenders; 
  • There are numerous other legislation, including the Prohibition of Child Marriage Act, 2006, the Child Labour (Prohibition and Regulation) Act, 1986 and the Immoral Traffic Prevention Act, 1956, which directly relate to J4C; 
  • A plethora of personal laws govern decisions relating to adoption, guardianship, and inheritance – some important legislation include the Hindu Adoption and Maintenance Act, 1956 (HAMA), the Guardians and Wards Act,  1890 (GAWA), the Hindu Succession (Amendment) Act, 2005 and the Indian Inheritance Act, 1865; 
  • A host of other legislation, not specific to children, such as the Armed Force Special Powers Act, 1958 (AFSPA), the Foreigners Act, 1946, the Mines Act, 1952, and many other laws also have direct linkages to J4C; 

Challenges to J4C:

  • There are numerous challenges to implementation of legislation. These challenges include some inherent shortcomings, and at times, misinterpretation of the laws, and poor implementation and oversight mechanisms and a weak child protection system; 
  • Across laws, there are divergent, and sometimes conflicting provisions relating to children; e.g., the age of childhood is defined differently in different legislation. The cross references and linkages between provisions and structures under various laws also mean that one law needs to work perfectly to ensure effective implementation of the other law; 
  • In addition to the challenges that come with the complex and conflicting legal provisions, there are also challenges relating to governance within the justice system. There are numerous delays in notifications and/or establishment of Special Courts and Children’s Courts and the appointment of Special Prosecutors. Victim compensation programmes are not funded and implemented effectively, and there is an absence of a structured witness protection programme. Fast-track courts are few and far between, and the prolonged judicial processes further disenfranchise children who seek justice. Community-based justice systems in some communities (e.g., tribal communities and Khap Panchayat) also provide informal justice at the community level, which could be speedy, but could significantly contravene children’s rights;

The need of a bottleneck analysis related to J4C: 

  • A number of organizations have undertaken research and documentation relating to J4C; however, the focus of work has primarily been on the review of legal framework, administration of law, functioning of statutory structures, and implementation of programmes. This too has been largely limited to children in conflict with the law, and children in need of care and protection, i.e., child offenders, and child victims or children vulnerable to violence, exploitation, and abuse;
  • There is a need to develop a holistic understanding on various aspects pertaining to J4C, and the key gaps and bottlenecks that are faced by children while accessing justice. The objective of undertaking such a bottleneck analysis will be to develop a comprehensive situation analysis of the barriers and bottlenecks to J4C, and to identify opportunities, entry points, and relevant interventions to strengthen the administration of J4C; 
  • The statutory structures under the JJ Act and the justice system provide valuable data pertaining to J4C; e.g., the Child Welfare Committees (CWC) and Juvenile Justice Boards (JJB) under the JJ Act and the various courts of law maintain data. The child protection services also provide for important data. It will be important to take into cognizance the available data while identifying the bottlenecks and gaps in access to justice; 
  • A comprehensive bottleneck analysis, using the Monitoring Results for Equity System (MoRES) methodology and existing data will be able to provide critical information pertaining to the environment, the demand and supply sides, and quality, in terms of administration of J4C and relevant child protection services; 
  • As a first step, it is essential that a sound framework that outlines key determinants and indicators for J4C (based on the MoRES framework) is developed to ensure that the bottleneck analysis will take into account the vast gamut of legislation and justice system, the complex nature of inter-linkages between laws, available data, diversity of the country, existing data, and the complexities around governance within the justice system;
  • The framework will be used to undertake the comprehensive situation of analysis of the gaps and bottlenecks to J4C, and pilot and establish a system for routinely monitoring the progress made on J4C at the district level, understand gaps and bottlenecks, and recommend course corrections.  

Basic objectives

The objective of the assignment is to develop a framework of determinants and indicators for undertaking a comprehensive bottleneck analysis for Justice for Children in India. The specific objectives include:

  • Based on the MoRES framework, identify and develop a framework of key determinants and indicators for the bottleneck analysis
  • Defining the scope, objectives, and expected outcomes of the bottleneck analysis  
  • Recommend processes and methodologies to undertake the bottleneck analysis, along with key activities and timelines

The generic MoRES Framework of determinants primarily focuses on four areas, namely the enabling environment, the supply and demand sides, and the quality of services3. The assignment would focus on developing specific determinants within the four broad factors, for each of the three broad sub-groups of justice for children, namely (1) Children in conflict with the law; (2) Child victims and child witnesses of crimes; and (3) Children otherwise in contact with the justice systems for matters relating to custody, protection, inheritance claims, also known as child parties to a justice process5. 

Major tasks with timeline

1. Undertake a desk review of policy, legislation, and programmes on J4C 

Review of relevant material and existing documentation and research 

Desk review the work undertaken in UNICEF (HQ, Regional Offices and Country Offices) on J4C frameworks and bottleneck analyses

Timeline: 5 days

2. Interviews with key informants (National, State, District)

Experts and specialists, including legal experts, academicians and practitioners

Government officials 

NGOs 

UNICEF 

Timeline: 20 days

3. Development of the framework for the bottleneck analysis  

Scope, objectives and expected outcomes

Framework of key determinant

Recommended processes, activities to be undertaken and timelines

Timeline: 10 days

End Products

The final deliverable shall include a document containing: 

  • The process undertaken to develop the framework of determinants for the bottleneck analysis using the MoRES methodology;
  • The determinant framework, along with indicators, in line with the MoRES Framework; 
  • The scope, objectives, expected outcomes, and limitations of undertaking the bottleneck analysis using this framework.
  • The recommended processes, methodologies and timelines for undertaking the bottleneck analysis. 

Qualification or specialized knowledge/experience required for the assignment

Mandatory: 

  • Master’s degree in social sciences or related technical field;
  • Sound understanding of legislation and justice for children, child protection issues and child protection systems; 
  • Demonstrated knowledge of and experience in undertaking bottleneck analyses of justice for children and legislation and programmes pertaining to J4C;
  • Excellent writing skills in English;
  • Strong communication skills;
  • Ability to meet deadlines and deliver results on time.

Desirable: 

  • Familiarity with the MoRES framework, and past experience of developing determinants for bottleneck analysis of justice systems will be preferred. 

Application Procedures

(1) Qualified female/male candidates are requested to please indicate their ability and availability to undertake the terms of reference above.

(2) Your application should be sent to indconsultants@unicef.org by COB 10th September 2013 with subject line "Consultancy for Development of framework of Determinants and Indicators for bottleneck analysis of Justice for Children in India" in separate files:

a) A cover letter, CV and P11 form (which can be downloaded from our website at http://www.unicef.org/india/overview_1440.htm) 

b) A technical proposal outlining the proposed approach and methodology.

c) A financial proposal indicating deliverable based fee as per template attached.

(3) The financial proposals of only those candidates, who are found technically responsive, will be opened.

(4) Please note, offers without financial proposal will not be considered.

(5) Only short-listed candidates will be called for test/interview (if applicable).  Any attempt to unduly influence UNICEF’s selection process will lead to automatic disqualification of the applicant.

(6) Joint applications of two or more individuals are not accepted

Annex 1

MoRES Framework of Bottleneck Analysis 

Factors

Determinants

Definitions

Enabling Environment

Social Norms

Social rules of behavior which are mainly driven by social pressure

Legislation/Policy

Adequacy of laws and policies at national and sub-national levels

Budget/Expenditure

Allocation & disbursement of required resources at national and sub-national levels

Management /Coordination

Roles and Accountability/ Coordination/ Partnership

Supply

Availability of Essential

Commodities/Inputs

Essential commodities/ inputs required to deliver a service or adopt a practice

Access to Adequately Staffed                                Services, Facilities and Information

Physical access (services, facilities, information)

Demand

Financial Access

Ability to afford (service/practices), both direct and indirect costs

Social and Cultural Practices   and Beliefs

Individual beliefs and practices that may be widely shared but are not mainly driven by ‘social pressure’ or expectations

Timing & Continuity of Use

Completion/continuity in use of services and adoption of practices

Quality

Quality

Adherence to required quality standards (national

or international norms)

Annex 2

The framework of determinants will provide indicators on the following lines: 

Indicators for 

Factors

Determinants

Children in conflict with the law 

Child victims and child witnesses of crimes

Children in contact with the justice systems for matters relating to custody, protection, inheritance claims, etc.  (child parties to a justice process)

Enabling Environment

Social Norms

Legislation/Policy

Budget/Expenditure

Management /Coordination

Supply

Availability of Essential

Commodities/Inputs

Access to Adequately Staffed                                Services, Facilities and Information

Demand

Financial Access

Social and Cultural Practices   and Beliefs

Timing & Continuity of Use

Quality

Quality

Download Financial  Bid Template

 

 
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