Introduction

Save the Children is the world’s leading independent organization for children. Our vision is a world in which every child attains the right to survival, protection, development and participation. Our mission is to inspire breakthroughs in the way the world treats children, and to achieve immediate and lasting change in their lives. Accountability, ambition, collaboration, creativity, and integrity are the shared values of the organization. Save the Children works in thematic areas such as Education, Health and Nutrition, Child Poverty-Food Security, Resilience and WASH, Child Protection and Migration, Child Rights Governance, and Emergency/humanitarian work.

The UN Convention on the Rights of the Child asserts the rights of every human being below the age of 18 years. Although it has been more than three decades since the UNCRC came into force, the administration of juvenile justice around the world is far from satisfactory. Juvenile justice remains a neglected issue both in terms of governments' reporting of the situation in their countries and, more importantly, in terms of the reality on the ground. There is an emerging consensus that reducing poverty is virtually impossible without some elements of justice reform. Access to justice is a basic requirement for a country's development and as important for poverty reduction as it is the provision of basic services, such as health and education.[1] Although access to justice is an issue that is currently a subject of much discussion in developing states, including Ethiopia, there is no specific definition of what constitutes or amounts to ‘access to justice’ in international instruments or standards. The definition provided by United Nation Development Program (UNDP), and which is accepted for the purposes of this study, defines access to justice as: “the ability of people to seek and obtain a remedy through formal or informal institutions of justice, and in conformity with human rights standards

There are many aspects of a juvenile justice system: the people involved in it, the way they act, the procedures, the physical and other facilities. For example, it is about the manner in which police arrest or interrogate children; the attitude of lawyers and prosecutors; the way that judges make decisions about guilt or sentencing; handling by prison staff; the living, educational, recreational and safety conditions in detention facilities; and programmes for rehabilitation and reintegration. Many of them have had little or no access to education; many are working children. Some children have left their homes and taken to the streets to escape from violence and abuse at the hands of their families. Some are forced to make a living on the streets, in order to survive. Others have been abandoned by their families and left to fend for themselves and sometimes for younger siblings. These children, who are abandoned and destitute, are also at high risk of sexual exploitation, trafficking and becoming involved in substance abuse and the drug trade through peer influence or the influence of adult criminals. For children, there are many legal, social, cultural and economic obstacles to their access to court, the lack of legal capacity probably being the most important one.                   

1. In Ethiopia, there are about 132 prison centers and 2000 detention centers. Outcome of the monitoring visit to the prison and detention centers by the Ethiopian Human Rights Commission showed that there are significant number of children/young offenders detained with adults in these centers. The reports further indicated that prison officials and police officers who are handling children and young offenders have huge capacity gaps (Knowledge, skills and attitudes) on children and custodians in police station and correctional centers. Even the limited trainings offered by the Ethiopian Human Rights Commission and the prison centers to improve the knowledge and skill of civil prison staff is inadequate with no significant impact. The report further indicated that there is weak data management systems and limited flow of information between the prison services and the police and public prosecution. The report recommended the need to enhance capacity of staff working in these institution, strengthening monitoring and accountability mechanisms.
2.  Many children who come into conflict with the law are treated as adult criminals, in justice systems that are abusive and that deny children their basic human rights. This failure of the justice system to address the special needs of children places young people at risk and creates problems when they re-enter society as young adults. It is not enough to merely try to reform a system that was designed for adults. Fundamental shifts in policy and practice are needed to ensure that the protection of children's rights is given priority in the design of a juvenile justice system, and that the system operates so that the best interests of the child are always taken into account. Each component of a juvenile justice system should, in its facilities and its mode of functioning, protect the rights and welfare of children. Among children held in custody by the police or in detention institutions and prisons, poor and marginalized children are significantly over-represented. Impoverished children, children who are marginalized because they are disabled, children on street situations, those forcefully displaced, migrant children, and trafficked children have little chance of gaining proper access to justice, as they are alienated from mainstream justice system and social services.
3. This Term of Reference is prepared to undertake an assessment on the situation of prison administrations and children who are deprived of access to justice, to identify gaps and recommendations for improvement.

Rational of the assessment

1. The legal framework for access to justice for children can be found in a wide range of international human rights instruments. The UNCRC, ACRWC, and other key international rules and guidelines which provide the framework for the proper administration of juvenile justice state that every effort should be made to keep young people out of this system and to make use of alternatives wherever possible. Child right issues should be see in the lens of foundational principles include the child’s best interests must be a primary consideration (Article 3) and the child’s right to maximum possible development (Article 6). The Convention’s Article 40 requires a distinct approach: that States shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children in conflict with the law – not to some of them but to all of them up to 18 (Article 40(3)).
2. One of the main problems for children's justice work is the lack of adequate data about children who are already in the justice system and - even more importantly - children who are at risk of coming into conflict with the law. Further, the lack of data is a critical issue to sustainably address child rights issues in the prison system of Ethiopia. Data collection and analysis therefore must be a key element in the development of children's justice programmes. Save the children with the financial support of the Swedish International Development Agency (Sida) has launched a project with the aim of advancing democracy and accountability to ensure children’s right in Ethiopia. As part of the project, Save the Children has planned to conduct a research to assess the situations of prison administrations and children who are deprived of access to justice, to identify gaps and recommendations for improvement.

Objective of the assessment

1. To assess situations of children who are deprived of access of justice. Two category of children will be targeted in this assessment (1) children in prison with their parents and young offenders (2) other groups of children in the community who are deprived of child friendly justice. The, assessment report is expected to provide data to establish baseline information for the project outcome indicators, and practical recommendations for future research and program and policy development.

Scope of the Assessment

Thematic areas and issues to be covered in the assessment

1. Analyze the existing legislative and administrative frameworks, structures, strategies and plans, and programs available to protect children in contact and in conflict with the law and gaps that need improvement. 
2. Provide in-depth analysis of access to child friendly justice and barriers affecting access to justice for children in contact and those in conflict with the law in prison and non-prison settings.  
3. Examine the roles and capacity of key actors in the juvenile justice system.
4. Examine the extent to which interventions for children in contact with the law in prison and non-prison setting respect the fundamental human/child rights principles (including the provisions of UNCRC basic principles i.e. best interest of the child, non-discrimination, child participation; and survival and development).
5. Review cases from a gender and child rights perspective and compile case studies that could provide solid background for discussion and planning.
6. Assess the magnitude of children in prison - their number, classification by age group and number, and other backgrounds.
7. Assess the magnitude of children who are deprived of access to justice based on their profile: age, gender, physical and economic status, living situation and the like, in a non-prison setting.
8. Explore the available community based juvenile justice system (if any), their capacities and gaps to provide services for young offenders.
9. Assess how children’s (child victims) cases are handled starting from case reporting, investigation, evidence gathering and the overall trial proceedings, decisions made, and gaps in the justice system. 
10. Examine the status of institutional provisions with regard to:
11.  How equipped they are for pre-trial care and handling children in need of special protection measures.
12.  Rehabilitation and follow-up support
13.  Basic services such as medical care, counselling, and education.
14.  Adherence to procedures and provisions of the national child policy, NCRC etc.
15.  Legal representation.
16. Explore how the gaps in the justice system would be most effectively addressed, recommending the most appropriate models and mechanisms to promote inclusive and accessible justice for most deprived children.

Geographic areas of focus/study area  

1. According to the data obtained from the National Human Rights Commission (EHRC), there are about 132 prison centers and 2,000 detention centers in the country. However, the assessment will focus on the major cities of the project operation areas i.e. Addis Ababa, Amhara, Oromia and SNNPR targeting 30 prison and 30 police stations found in the major cities in the project operation areas. The assessment targeting children deprived of access to justice in non-prison setting will also be conducted in Regional cities.  

Job Requirements

Eligibility Criteria

• The consulting firm should have at least three team members having multi-disciplines especially Masters in law, social work, sociology, psychology, human rights, and related fields.
• Proven experience in conducting social research using mixed method on child rights and protection issues. Solid experience in conducting interviews with multiple groups of respondents including most vulnerable children, youth, adults on potentially sensitive issues.
• A solid record of managing and coordinating high quality research projects.
• Demonstrated familiarity with human rights standards and principles, including UNCRC and ACRWC. 
• Strict procedures for quality control of field work.
• Solid internal guidelines for handling of confidential information.
• Solid internal guidelines on research ethics and a code of conduct for interviewing vulnerable respondents and children.

How to Apply

Application Procedure 

• Letter of confirmation of interest clearly stating an understanding of the assignment and availability.
• CVs of team members indicating all past experience from similar evaluations, as well as the contact details (email and telephone number) of the Candidate.
• Brief description of why the consultant considers him/herself as the most suitable candidate for the assignment, and technical proposal, including on how they will approach and complete the assignment.
• Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs.
• A completed timeline for the process with implementation plan.
• Evidence showing successful accomplishment of at least two previous similar assignments that include quantitative and qualitative analysis related to children.
• Three References of previous relevant work. 
• A proof legal entity status (required)

TOR detailed should be collected from Save the Children International from February 11,2021 up to February 26,2021

Detailed EOI for the Consultancy work should be Submitted in hard copy to Save the Children Ethiopia Country Office in Addis Ababa, situated around Bisrate Gabriel Church before or one February 26,2021 at 4:00PM

Save the Children Ethiopia Office At the Main Security Gate Dire Complex, Behind Bisrate Gabriel Church P.O Box 387 Tel 011372845561 / 0116535174 Addis Ababa

Interested applicants should submit two separate sealed documents in which one document should include the technical proposal including of the proposed professional(s) with supporting document that shows previous work experience. The second document should include professional fee stated work along with copy of renewed Consultancy License to the above mentioned address of Save the Children, Ethiopia Country Office before or on February 26,2021 at 4:00 P.M in person.

Bid shall be submitted in the box ready at reception for this purpose

Save the children reserved the right to cancel all the bid or partially