Republic of Moldova

National Consultant to provide a Study on Support in Exercising Legal Capacity and the Protection of Persons with Psycho-Social and Intellectual Disabilities from Human Rights Abuse

Vacancy Number: Pr13/00428

Location:	Chisinau, Moldova
Application Deadline:	15 Jan 2014, 23:59 (GMT+2:00)
Application Extended deadline:	20 Jan 2014, 23:59 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	20 Jan 2014
Reference to the project:	Office of the High Commissioner for Human Rights
Expected Duration of Assignment:	3 months
Submission Instructions: Proposals should be submitted online only, by following the “Apply online” link, no later than 15 January 2014. Requests for clarification only must be sent by standard electronic communication to the following e-mail: violeta.fetescu@one.un.org. UNDP will respond by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all applicants.
Supporting Documents: Terms of Reference Individual Consultant Procurement Notice Personal History Form (P11) UNDP General Conditions of Individual Contract

Background

The United Nations Office of the High Commissioner for Human Rights (OHCHR), within the UNPRPD project “Paradigm Shift: UNCT Moldova Strategic Action Supporting CRPD Implementation “ jointly implemented with UNDP, WHO and UNICEF, seeks to commission a study on support in exercising legal capacity and the protection of persons with psycho-social and intellectual disabilities from human rights abuse.

Moldova is reforming the guardianship system according to the requirements of the article 12 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), providing a legal reform moving from substituted towards supported decision making. An inter-ministerial working group was set to propose draft amendment to the civil code and relevant legislation and a model of services for supported decision making. Except for the legal discussion, mainly on the interpretation of the provisions of the article 12 of CRPD, there is a need of assessment of the real situation and the threats that happen in practice, since the informal system of support in decision making as an alternative to guardianship was never evaluated for efficiency and law compliance.

In 2013 a groundbreaking study both for the Republic of Moldova as well as more generally was commissioned by OHCHR for revealing issues concerning the treatment of persons with mental and intellectual disabilities, and directions for reform of the legal capacity and guardianship system.

In practice, guardians turned out to have full control over the life of the incapacitated person and their activity is not efficiently or persistently monitored by any institution. The paramount human rights infringement is the fact that persons deprived of legal capacity are also deprived of procedural rights, thus, they cannot independently seek access to justice to have their rights restored and situation remedied.

Scope of work

A national consultant is sought to undertake first hand, fact-based research, using standard human rights documentation methodologies, to document the situation of those individuals experiencing a psychosocial or intellectual disability with full legal capacity and recognition to exercise the right of self-determination and who benefit from support in making decisions and acting towards their realization. For the purpose of the study, supported decision making is to be understood as any type of accommodation in decision-making processes to protect the right to exercise self-determination for those vulnerable to losing this right. The trusted others are expected to provide assistance in any aspect of protecting the personhood of an individual.

On the basis of this research, the consultant shall produce a report in English language of not less than 16,000 words and not more than 30,000 words, with standard academic referencing, including the following:

(a) Existing relevant international and national law provisions relevant for the given area, with particular focus on relevant human rights law;

(b) Clear, fact-base description of human rights issues facing persons with psychosocial and intellectual disabilities, by theme and including descriptions of facts in individual cases;

(c)  Statistical data, where existing and relevant;

(d) Recommendations for action and/or reform.

The recommendations should be clear, detailed, and reform-oriented, and make particular reference to the domestic laws, regulations, rules or practices in need of amendment.

The report shall include a clear Executive Summary. The structure of the report can be modified in consultation with the UN Human Rights Adviser. Further guidance will be provided by the Human Rights Adviser.

The consultant may be asked to produce other documents, including documents in State Language, in the framework of the current consultancy.

The consultant shall be entitled to reimbursement of reasonable transport costs related to field research activities, in consultation with the Human Rights Adviser.

The study will be carried out under the direct supervision of the UN Human Rights Adviser  (Office of the United Nations Resident Coordinator in Moldova and United Nations Office of the High Commissioner for Human Rights (OHCHR)) and in close collaboration with the OHCHR National Human Rights Officer. The Secretary of the Inter-ministerial Working Group on Legal Capacity Reform and UNDP Health and Human Rights Consultant is to be closely consulted when carrying out the work. 

Relevant UN staff – including WHO and UNICEF staff – will be consulted in the course of the research. The study is slated for presentation to the key ministries of justice and social protection and to the larger inter-ministerial working group.

Requirements for experience

I.     Academic Qualifications:

• University degree in law, social sciences, human rights or other relevant field;

II.    Experience and skills:

• At least 3 years of practical experience in human rights domain, monitoring activities, conducting research. Practical work in the area of the rights of persons with disabilities will be considered an advantage;
• In-depth knowledge of international law and policy as concerns persons with disabilities;
• In-depth knowledge of the political and institutional arrangements in Moldova concerning the treatment of persons with mental and intellectual disabilities, as well as others threatened with institutionalization and/or loss of legal capacity;
• Understanding of anti-discrimination law and/or rights of persons with disabilities law as set out under international, European and domestic law of the Republic of Moldova;
• Excellent drafting skills in English and State Language;
• Excellent communication and teamwork skills;
• Demonstrated competence in conducting individual interviews with affected groups according to standard human rights documentation methodologies preferred;
• Adhere to the core values of the United Nations; in particular, is respectful of differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status.

III.   Language requirements:

• Fluency in Romanian and English. Working knowledge of one or more additional languages relevant for Moldova, including Russian, Bulgarian, Gagauzian, Romani, Ukrainian or sign language is an asset.

Documents to be included

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

1. A detailed curriculum vitae of relevant experience or P11.

2.  A written statement of not more than 1000 words:

(i) Explaining why you are the most suitable for the work;

(ii) Providing a brief methodology on how you would approach and conduct the work.

3.  A financial proposal.

Financial proposal

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payments are paid in installments and are based upon output, i.e. upon delivery of the services specified in the TOR.  In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including fees, taxes, mobile phone calls, etc.). The travel expenditures are to be approved in advance by the Project Manager and shall be covered from the Project budget.

Travel

All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel.  In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

 

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