Unpacking Quality Access to Justice for Children and Women in Zarqa Governorate (Jordan) Consultant

Country: Jordan
Organization: Terre des hommes
Closing date: 26 May 2021

Terms of reference- Consultancy

Unpacking Quality Access to Justice for Children and Women in Zarqa Governorate (Jordan)

Terre des hommes (Tdh) Jordan delegation is seeking to contract a professional or team of professionals (national/international), who display the human, ethical and technical capacities to carry out a data collection process and draft an analytical report pertaining quality access to justice for children any women in Zarqa Governorate (Jordan), focusing on criminal and personal status jurisdictions, as well as community-based justice processes (customary justice).**

Organization and Context background information

Terre des hommes (Tdh) is a leading Swiss child-relief agency with a strong mandate worldwide on specialized and restorative justice for children and youth. Tdh Jordan is a well-recognized actor in country with a long and fruitful collaboration vis a vis justice and child protection stakeholders and national institutions on the policy, capacity building and specialized service provision for children and youth.

The Tdh Access to Justice (A2J) Program is one of the key foundations of Tdh’s interventions across the world. In Jordan it is active since 2015. The A2J Program’s Strategic Plan creates a comprehensive framework for action that combines axes on operations, advocacy and policy, research and quality and accountability, with a view to creating lasting and meaningful change in the lives of children in conflict and in contact with the law, where their rights are respected and upheld.

Within the A2J Program, a specialized programmatic approach on Gender Justice has been developed and operationalized since 2018, directed to improve gender-responsive justice procedures and law enforcement outcomes with a focus on children and women, including gender-based violence survivors, grounded in effective and applicable approaches of equality and equity in the legal and policy frameworks. It ultimately seeks to generate multi-level and transformative impacts at the individual, family, community and systems nests.

Rational of the assignment

In Jordan, there has been progress in the legislative reform pertaining the protection of children and women against violence and exploitation: raising of the minimum age for marriage in 2014, amendment of the domestic violence law in 2017. However, enforcement of these regulations is ineffective, leaving children, particularly females (girls, adolescents and women) exposed to actual or potential harm without avenues of support and accountability mechanisms to resort to. Because formal justice is in many instances not tailored to their justice needs, including the lack of gender-responsive approaches, many cases are being dealt at the community level as part of customary justice process, that do not guarantee either rights-based justice outcomes for children and women, Assessing quality access to justice for children and women entails many different angles. For this research, the assessment will be focus on three paramount themes: (1) children meaningful participation in justice processes within the formal and customary justice spheres, (2) settlement processes before Family Protection Department (FPD) within the Gender Justice approach and (3) restorative justice practices for children and women within the formal and customary justice systems.

Tdh Jordan counts with the concrete expertise and capacity to organize and launch a consultative process with all relevant actors and stakeholders in Zarqa Governorate to assess the existing justice avenues (or lack of) for children and women in three specific areas as stated above and pertaining to criminal and personal status jurisdictions but also to community-based processes (customary justice). This qualitative research will be combined with an assessment of the capacity-building needs of government officials and customary justice actors. Tdh is seeking a consultant to carry out the data collection process and perform and analytical report as the basis for the development of the abovementioned research that will be led by Tdh.

Objective and deliverables of the assignment

Under this consultancy contract, Tdh requires the services of a specialized professional or team of professionals (national) consultants to carry out the data collection process and to develop an analytical report to unpack the level of quality access to justice (in a broad sense) for children and women in the Zarqa governorate. The consultant/s will work in close coordination with Tdh team at national and regional levels. Selected three key themes are to contextualized and in-depth analyzed, where the voice of the main justice users targeted in this research (children and women) are to be prioritized.

The selected three themes and angles of assessment to be taken into account by the consultant/team of consultants are as follows:

  1. Children meaningful participation in justice processes within the formal and customary justice spheres: The level of the child participation that should be measured in this research needs to be analyzed according to the following elements (non-exhaustive) within the formal justice systems (criminal and personal status jurisdictions where applicable):

· Full and on-going information about the charge, the justice process and the possible measures that the court might order, in a language that the child can understand.

· Child-sensitive support and communication appropriate to the child’s age, maturity and level of development and understanding.

· The supportive involvement of the child’s legal guardian or parents in the proceedings, if this is in line with the child’s best interests.

· Right to a prompt decision both at the pre-trial (police investigation, decision of the prosecutor) and trial stage (final adjudication) with the underlying legal reasoning being accurately and clearly documented.

· Protection from coerced admission of guilt, testimony or confession. Protective frameworks for child witnesses and victims.

· Right to privacy at all stages of proceedings, conducting court and other hearings of the child behind closed doors.

· Right to reparation and redress (child victims and witnesses).

· Follow-up support for child defendants, including social services and counselling.

The level of the child participation should be measured in this report needs to be analysed according to the following elements (non-exhaustive) within the customary justice system:

· The role of the child (offender, victim, witness)

· Narrative of the case: what happened (a brief description of events) – type of dispute

· Did the child have access to legal advice or social support (before, during, after)?

· Did the child give an account of events?

· Child's views on solution to dispute: Was the child asked his/her view on how to solve the dispute? If yes, what was the child's opinion? (narrative)

· Did the customary justice actors consider the opinion of the child?

· How were the facts investigated by the customary justice actor?

· Were the victim and offender involved?

· Did the victim and offender agree about the basic facts of the case – if they were given the choice to tell those?

· What was the outcome of the case (narrative)?

· Did the child give his/her opinion about the outcome of the case? If yes, what was the view expressed by the child? (narrative)

· After the conclusion of the case, did any of the children involved receive any follow-up support?

  1. Settlement processes before Family Protection Department (FPD) within the Gender Justice approach.

The current Settlement legal procedures and practices before the FPD for children and women in contact with the law, taking into consideration:

· The child safeguarding considerations and standards applied (or lack of) within the process.

· Gender-related considerations and standards applied (or lack of) within the settlement process.

· The stages of the process.

· The profile of the FPD officers in charge of the mediation process.

· The referral pathways between FPD and the different professional parties, and the enforcement of the mediation agreement.

  1. Restorative justice practices for children and women within the formal and customary justice systems

How restorative justice has been integrated in the formal and/or customary justice systems and how restorative justice could play a role in improving access to justice by providing an opportunity for victims to obtain reparation, feel safer and seek closure; allows offenders to gain insight into the causes and effects of their behaviour and to take responsibility in a meaningful way; as well as enabling the communities to understand the underlying causes of crime, to promote community wellbeing and to prevent crime.

Crosscutting Theme: Assessment of the capacity-building needs of government officials and customary justice actors

The consultant/s will be expected to carry our data collection and analyse accordingly the capacity-building needs of formal justice actors (in the criminal and personal status jurisdictions) and customary justice actors pertaining to the three key themes highlight above. It is expected that the consultant/s will develop a capacity-building framework to assess this crosscutting theme in a structure manner and, hence, present the draft on that framework within the technical proposal to be submitted. Important elements (non-exhaustive) are: gaps in technical knowledge and soft skills, gaps in law enforcement and coordination with other actors including referral pathways (i.e. community-based and self-referral),

Kindly note that the technical proposal to be submitted should include a concrete specification and details on the key themes above. It should be practical and straight forward but comprehensive, technically solid and well-grounded.

Key deliverables and timeframe

For this consultancy, the following deliverables are sought:

  • Data collection tools.

  • Desk review

  • Report including the scripts, on consultations/interviews with key stakeholders, including triangulation and validation of inputs gathered

  • Analytical report pertaining to the data collected.

Timeframe (approx.): 30 May – 15 July 2021.

All the work to be done under this assignment is in English and Arabic (all deliverables).

The consultant/s is/are expected to propose at the moment of the submission of the proposal a detailed methodology of the action required. The proposed methodology will be revised if necessary, in agreement with Tdh and then consolidated in a workplan. The consultant/s are expected to strictly follow the work plan and the time schedule agreed with Tdh in undertaking the consultancy assignment.

An appropriate methodology will have to be determined by the consultant/s and submitted with the consultancy technical proposal. It will be reviewed by Tdh and adjust accordingly with the consultant if needed prior to the signature of the consultancy contract.

The consultant is expected to use own computer and other equipment required for the task***.***

Tdh Jordan will cover the transportation of the consultant in the country. This consultancy does not cover for international travel, allowances or accommodation expenses of the expert(s).

The proposal should include the availability of the candidates to comply with the proposed schedule.

Tdh reserves the right to terminate the service contract with the consultant if the deliverables are not satisfactory.

Requirements for the expert

· At least 8-10 years of prior work experience in dealing with child justice and gender-based violence focusing on children and women. Demonstrated experience in gender justice theme.

· Proven sound experience on data collection, treatment and triangulation, particularly in justice-related projects. Strong analytical skills.

· Proven sound experience on drafting similar deliverables (providing concrete examples and when possible excerpts/samples), mindful of the different expertise require per area (policy, programme building, advocacy and capacity building design).

· Excellent written and speaking skills in English and in Arabic. A combination of consultants’ profiles can match the language requirement.

Ethical considerations

The consultant/consulting agency must sign the Terre des hommes Child Safeguarding Policy and Code of Conduct and be willing to adhere to its principles and expected practices. If a breach of the policy or code of conduct takes place the consultancy will be terminated immediately without any financial burden on Tdh.

Disclaimer on copyright, data protection

All documents, project designs, drawings, data and information shall be treated as confidential and shall not without the written approval of Tdh be made available to any third party. In addition, the consultant(s) formally undertakes not to disclose any parts of the confidential information and shall not, without the written approval of Tdh be made available to any third party. The utilization of the report is solely at the decision and discretion of Tdh. All the documents containing both raw data/materials provided by Tdh and final report, both soft and hard copies are to be returned to Tdh upon completion of the assignment. All documentation and reports written as, and as a result of the research or otherwise related to it, shall remain the property of Tdh. No part of the report shall be reproduced except with the prior, expressed and specific written permission of Tdh.

How to apply:

Application procedure

Consultants/firms that meet the requirements should submit expression of interest, which should include the following:

  1. Cover letter including the consultant’s/firm’s suitability for the assignment and current contact information (max. 1 page)

  2. Include 1-2 samples of previous similar work

  3. Technical offer: detailed response to the Terms of Refence herein, with specific focus addressing the purpose and objectives of the assignment, methodology to be used and key selection criteria (max. 6 pages)

  4. Financial offer: detailed budget breakdown based on expected daily rates and initial work plan. (max. 1 pages)

  5. Initial draft of the proposed work plan (max. 2 pages)

For national consultants/firms, prerequisites for accepting financial offers:

  • Prices are exclusive of value added tax.

  • Prices are to be submitted in JOD and are valid for the duration of the consultancy from the applications’ closing date.

  • The quotation must be detailed and based on the work mechanism proposed by the consultant.

For international consultants/firms, prerequisites for accepting financial offers:

  • Prices are inclusive of value added tax. International consultants are liable for paying their taxes where mandatory. The offered prices will be subject to a 10% deduction for income tax.

  • Prices are to be submitted in CHF or USD and are valid for the duration of the consultancy from the applications’ closing date.

  • The quotation must be detailed and based on the work mechanism proposed by the consultant.

All offers must be e-mailed to jor.info@tdh.ch no later than May 26th at 23.59 pm (Jordan time). Please add to the subject of the e-mail: Unpacking Quality Access to Justice for Children and Women in Zarqa Governorate (Jordan).

Only proposals in English and that include all the required documents will be assessed. Only contact short-listed candidates will be contacted.



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