Background

Albania experienced remarkable economic growth in the past decade. Reforms have been launched in all sectors of the economy as well as in basic services such as education, health and increasingly for social care, insurance and other protection systems. Nevertheless, government structures cannot respond adequately to the needs of marginalized and vulnerable groups, including people with disabilities who face multiple barriers to social inclusion.

Currently, Albania is preparing new policy documents on Social Inclusion and Social Protection for 2015-2020. These policy documents are an integral part of the National Strategy for Development and Integration (NSDI) 2015-2020 and are responsive to the EU2020 perspective of “Increased Social Inclusion through Development of Labor Market and Social Welfare,” ensuring coherence with the European strategic planning frame in line with the new financial planning period of EU Assistance (IPA 2014-2020). With respect to vulnerable groups, such policies would articulate the group-specific dimensions and implementation measures necessary to ensure that the strategy is not “blind” to the group specific characteristics.

United Nations Support to Social Inclusion in Albania Programme, with a view to ensure that government policies and programmes are consistent and coherent in achieving the maximum possible effect for the social inclusion of people at risk, seeks to support the development of capacities of Albanian institutions at central and local levels for advancing the national social inclusion agenda. The Programme seeks also to enhance civil society and citizens’ participation as rights holders in national social inclusion processes.

Support for the implementation of the UN Convention on the Rights of Persons with Disabilities has a special focus in the programme. The policy level work will target mainstreaming disability issues in the common policies, legislation and programmes, while capacity support interventions will address a wide range of government and non-government partners at national and local level to be able to carry out the country’s commitment towards more inclusive policies for people with disabilities.

Objective of the assignment:

Albania ratified the Convention on the Rights of Persons with Disabilities (CRPD) in December 2012. The CRPD has automatically become part of Albanian law after ratification. In July 2014, the Parliament of Albania adopted the law on Inclusion of and Accessibility for Persons with Disabilities. This law aims to enable full and effective participation of all persons with disabilities in all social spheres on an equal basis with others by enabling autonomy and independent living for all persons with disabilities through provision of assistance and support, where necessary. Currently, the Ministry of Social Welfare and Youth is developing proposals for reforming the disability assessment system. The reform aims to make possible the bio-psycho-social evaluation of disability as well as the assessment of support needs which persons with disabilities may have. The new Social Inclusion Policy Document 2015-2020 is another important document which focuses on people with disabilities as a priority group to be supported for having access to public services on an equal basis with others.  Recently, the Government has tackled the work for drafting a new National Action Plan on Persons with Disabilities 2016-2020 which will aim at advancing the situation of people with disabilities in line with the CRPD standards.

The Convention requires States, first, to adopt all appropriate legislative, administrative and other measures for the implementation of the Convention and, second, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities. Following these requirements, Albania has, among others, to make arrangements enabling the right to live independently and be included in the community for persons with disabilities (CRPD, art. 19) and their right to equal recognition before the law (CRPD, art. 12). According to the Convention, the right of persons with disabilities to live independently and be included in the community is a substantive means for the realization of other rights and a prerequisite to provide for their inclusion in society, while the right to equal recognition before the law underpins the right to live independently in the community. The Albanian Law on Inclusion of and Accessibility for Persons with Disabilities marks the first step in this direction as it provides instruction on ensuring independent living for all persons with disabilities who chose to live independently by maximizing autonomy and independent decision making. The Law states that for this purpose, support and assistance shall be provided through adequate/appropriate provision of services, including particularly personal assistance, reasonable accommodation and, where necessary, supported decision making.

At this stage, the Government of Albania has to establish regulations on provision of support services enabling the independent living and the decision making for persons with disabilities, as well as to design and implement actions that contribute to the realization and fulfilment of these rights. In order to adopt appropriate regulations and actions, the Ministry of Social Welfare and Youth in its capacity of the main responsible agency for the design, implementation and monitoring of disability-related policies, has decided to conduct a research to explore arrangements for the independent living in the community and the equal recognition before the law of persons with disabilities in the Albanian context.

UNDP/UNSSIA programme intends to support the Ministry of Social Welfare and Youth in conducting this research, consequently, is inviting interested national consultants to apply for carrying out this assignment.

Duties and Responsibilities

Under the supervision of the UNDP Programme Analyst for Social Inclusion, and the direct supervision of the National Programme Manager for the UNSSIA Programme, the consultant will perform, to the required standard of quality and within the specified constraints of time and cost, the following tasks:

  • Agree with UNDP on a calendar of work, methodology to conduct the research/study and list of stakeholders to contact.
  • Review and analyse the national policies, legislation and practices relevant to persons with disabilities from the perspective of their rights to be recognized the legal capacity and to live independently in the community. Identify aspects that do not comply with the CRPD provisions and other human rights international treaties which Albania has adhered to.
  • With a view to select good models/best practices, explore experiences from countries that have undertaken efforts to reform their system of guardianship in favour of a system of supported decision-making and adopted measures promoting an independent and inclusive life in the community for persons with disabilities. Bring forward arrangements that can be employed with or without adjustments in the Albanian context.
  • Meet with relevant stakeholders to get their understanding of the independent living in the community and the recognition before the law of persons with disabilities and compare their understanding and/or perceptions versus the Convention provisions. Of special importance will be the perception of judges, prosecutors, Magistrates, lawyers, staff of Ombudsman and of the Anti-discrimination Commissioner, doctors, bankers, service agencies, family and community members and disabled people’s organizations.
  • Identify the entry points that would allow Albania best move towards limited guardianship and create support mechanisms not depriving persons with disabilities of their legal capacity, in contrary, enabling them to lead and live good lives in the community in pursuit of their own life paths.  Explore and generate ideas and/or proposals in the areas of supported decision-making and living independently in the community with a view to create, respectively, supported decision-making models that are realistic in terms of the resources currently and/or foreseeably available, and an inclusive environment putting an end to the segregation of persons with disabilities and enabling them to have control over their lives and live independently in the community.
  • Prepare a report, specific to Albania, with relevance to both, the right of persons with disabilities to equal recognition before the law and their right to living independently in the community. The report should highlight the following: findings from the review of the current national context; relevant good models/practices from other countries; results from the confrontation of Albanian stakeholders’ understanding/perception of these rights with the CRPD requirements; generated ideas/proposals on arrangements to be adopted for supported decision making; generated ideas/proposals on arrangements to be adopted for an inclusive society and independent living in the community; related challenges to face and discuss with key stakeholders; recommendations on actions to take in terms of legislation, programmes and budgets.
  • Consult with relevant stakeholders with a view to include their comments and reflect their concerns over the research/study report.
  • Finalize the research/study report and present its main findings and recommendations during a workshop to be organised in cooperation with the Ministry of Social Welfare and Youth.

Deliverables:

  • An inception report outlining the work plan, timeline, methodology to conduct the research/study and list of stakeholders to contact.
  • A report, specific to Albania, with relevance to the right of persons with disabilities to equal recognition before the law and the right to living independently in the community, highlighting the following: findings from the review of the current national context; relevant good models/practices from other countries; results from the confrontation of Albanian stakeholders’ understanding/perception of these rights with the CRPD requirements; generated ideas/proposals on arrangements to be adopted for supported decision making; generated ideas/proposals on arrangements to be adopted for an inclusive society and independent living in the community; challenges to face and discuss with key stakeholders; recommendations on actions to take in terms of legislation, programmes and budgets.
  • Presentation of main findings and recommendations of the research during a workshop.
  • A final report highlighting the expert’s work, outputs, achievements, lessons learned and the proceeding of the consultations, including recommendations for future similar interventions.

All outputs will be agreed with UNDP/UNSSIA team.

Time-lines/Schedule

The work is expected to be completed within 30 working days over a period of 4 months from the contract signature date. The inception report shall be submitted within three weeks from the contract signature.

Competencies

Corporate Competencies:

  • Demonstrates integrity by modelling the UN’s values and ethical standards;
  • Promotes the vision, mission, and strategic goals of UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favouritism.

Functional Competencies:

  • Deep understanding of legislative work and personal contribution to the developments in this area;
  • Demonstrates professional competence and is conscientious and efficient in meeting commitments, observing deadlines and achieving results;
  • Excellent understanding of human rights and disability rights;
  • Analytical thinking and ability to consult with a broad range of government and non-government partners.
  • Excellent research, writing and presentation skills;
  • Creativity skills;
  • Strong inter-personal and communication skills;

Required Skills and Experience

Academic Qualifications/Education:

  • MA degree in law or related field

Experience:

  • Minimum ten years of experience as a legal professional
  • Demonstrated knowledge and experience on issues of human rights, disabilities, social inclusion, and international development
  • Extensive experience in research on the legal field and previous involvement in comparative analysis and approximation of legislation.
  • Relevant experience with UN Agencies or other international organizations would be appreciated;

Language skills:

  • Excellent writing, editing, and oral communication skills in English

 

Evaluation of Applicants:

Individual consultant will be evaluated based on a cumulative analysis taking into consideration the combination of the applicants’ qualifications and financial proposal.

The award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

Only the highest ranked candidates who would be found qualified for the job will be considered for the Financial Evaluation.

Technical Criteria - 70% of total evaluation – max points: 70

Criteria A: Expertise as legal professional on human/disability rights – max points: 30

Criteria B: Educational background– max points: 15

Criteria C: Experience in research and comparative studies– max points: 25

Financial Criteria - 30% of total evaluation – max points: 30

 

Application procedures:

Qualified candidates are requested to apply online via this website. The application should contain:

  • Cover letter explaining why you are the most suitable candidate for the advertised position. Please paste the letter into the "Resume and Motivation" section of the electronic application.
  • Filled P11 form including past experience in similar projects and contact details of referees
    (blank form can be downloaded from http://www.undp.org.al/index.php?page=bus_center/vacancies; please upload the P11 instead of your CV.
  • Financial Proposal* - specifying a total lump sum amount for the tasks specified in this announcement. The financial proposal shall include a breakdown of this lump sum amount (consultant daily fee in ALL, travel, per diems and any other possible costs).

Incomplete applications will not be considered. Please make sure you have provided all requested materials

UNDP applies a fair and transparent selection process that would take into account both the technical qualification of Individual Consultants as well as their financial proposals. The contract will be awarded to the candidate obtaining the highest combined technical and financial scores. UNDP retains the right to contact references directly.  Due to large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Qualified individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.