Historique

Since 2000 Turkey has made a considerable progress in introducing gender sensitive provisions in national legislation that are in line with the countries’ international commitments in this area. In addition long-term efforts of women's movement in Turkey to empower women and promote gender equality, supported by various national and international partners have resulted in strengthening of the national mechanism in support of gender equality, including in the establishment of the Turkish Grand National Assembly Equal Opportunities Commission for Women and Men (in March 2009).
Building on this momentum, a Joint Programme on Fostering an Enabling Environment for Gender Equality in Turkey supported by SIDA and implemented by UNDP and UN Women has been initiated in early March 2011. The programme follows a two pronged approach: i) targeted capacity building for governmental and parliamentary institutions (such as the Parliament Equal Opportunities Commission and the legislative experts) and establishment of knowledge sharing platforms, and ii) targeted support to the rights holders such as CSOs and gender equality and women’s rights advocates, including experts and academics, for advocacy and monitoring of commitments to gender equality. The targeted capacity development of the TGNA Equal Opportunities Commission (EOC) is the programme component falling within the responsibility of UN Women and includes legislative review of identified set of priority legislation, tailor made capacity development interventions for the members of the EOC and legislative experts, development of knowledge sharing platforms for exchange of information for parliamentarians and professionals working in the TGNA, and development of a mechanism for overseeing the implementation of gender-related legislation by the EOC.
The Terms of Reference at hand is for experts to review specific cluster/s of legislation for their  compliance with global legally binding standards on gender equality and empowerment of women that are relevant for the given area of legislation and to which Turkey is a party (such as CEDAW, and other international instruments relevant for a specific cluster). Specifically, the following clusters of legislation are to be reviewed (where necessary, also, other than the below specified laws under each cluster may need to be added):
 
List of Clusters:
 
Cluster 1: LOCAL ADMINISTRATION (approx. duration of assignment 15 days)
  • Municipal Law (5393)
  • Village Law (442)
Cluster 2: FAMILY-WOMEN-CHILDREN (approx. duration of assignment 4 months)
  • Constitution (Relevant articles including, Article 10, Article 90)
  • Penal  Code (5237)
  • Penal Procedure Law (5271)
  • Witness Protection Law (5726)
  • Civil Code (4721)
  • Code of Civil Procedure (6100)
  • Protection of the Family and Prevention of Violence against Women (6284)
  • Child Protection Law (5395)
  • Family Planning Law (2827) 
Cluster 3: ECONOMIC LIFE (approx. duration of assignment 3 months)
  • Income Tax Law (193)
  • Law of Obligations (6098)
  • Turkish Code of Commerce  (6102)
Cluster 4: EDUCATION (approx. duration of assignment 3 months)
  • Law  Amending the Primary Education and Training Law and Some Other Laws (6287)
  • National Education Basic Law (1739)
  • Vocational Training Law (3308)
  • Primary Education and Training Law (222)
  • Law on Granting Scholarships and Loans to Students at Higher Education (5102)
  • Law on Educating Illiterate Citizens Beyond Compulsory Education Age (2841)
Cluster 5: HEALTH (approx. duration of assignment 1 month)
  • Public Health Law (1593)
  • Fundamental Law on Health Services (3359)
Cluster 6: HOUSING (approx. duration of assignment 5  days)
  • Mass Housing Law (2985)
Cluster 7: POLITICAL LIFE (approx. duration of assignment 1,5  months)
  • Citizenship Law (5901)
  • Election Law (2839)
  • Political Parties Law (2820)
Cluster 8: ORGANIZATION LAWS (approx. duration of assignment 10 days)
  • Law on the Committee on Equality of Opportunity for Women and Men (5840)
  • Decree-Law establishing the Ministry of Family and Social Policy (DL 662)
Cluster 9: MEDIA (approx. duration of assignment 10 Days)
  • Media Law (5187)
  • Law on the Establishment and Broadcasting Services of Radio and Television (6112)
Cluster 10: WORKING LIFE (approx. duration of assignment 1,5 months)
  • Unemployment Insurance Law (4447)
  • Law on Trials of Officials and Other Civil Servants (4483)
  • The Social Insurance Law for Agricultural Workers (2925)
  • Turkish Labour Institution Law (4904)
  • Trade Unions of Public Workers and Collective Agreement Law (4688)

Devoirs et responsabilités

The expert is to undertake a gap analysis to identify where the reviewed legislation under specific cluster does not, or does only partially, comply with the applicable global gender equality standards that are binding for Turkey. Based on the gap analysis, the expert will draft a report focusing on the legislative provisions that are not, or are only partially, in line with a given global instrument/s providing practical recommendations on how to close identified gaps, ideally in the form of a concrete wording of a proposed amendment. Upon completion, the draft report will be discussed in a meeting with the TGNA legislative experts who would provide comments and feedback that would be used by the expert to finalize the report.
Specific tasks and responsibilities:
  1. Develop a detailed work plan, and methodology for the legislative review of specific cluster of laws with the identification of milestones and timelines for specific activities;
  2. Identify global legally binding standards on gender equality and empowerment of women to which Turkey is a party and against which the legislation under specific cluster will be reviewed taking into account the existing work conducted by expert civil society organizations and academics in Turkey and agree on those with UN Women and EOC;
  3. Perform gap analysis identifying non-compliance or only partial compliance of reviewed legislation with agreed global standards;
  4. Draft report analyzing the gaps identified during the analysis and providing concrete recommendations for addressing the gaps, ideally in the form of concrete wording of a proposed amendment. The report will include an overview of gaps structured as follows: 1) identification of and full text of a reviewed provision, 2) identification and full text of the provision of a global standard/s against which the provision has been reviewed, 3) justification of non-compliance or only partial compliance, 4) recommendation for amendment. Depending on a specific cluster of legislation the report should have no more than 5-20 pages written in English in Times New Roman (11 pt) single space. All quoted and paraphrased material is to be included in footnotes using the OSOCLA rules (Oxford Standard for Citation of Legal Authorities);
  5. From substantive point of view, prepare and undertake consultation on the draft report with the TGNA legislative experts in a way that would contribute to their capacity development on gender aspects of the reviewed legislation. Summarize the inputs and feedback from consultations and, as appropriate, reflect them in the final report;
  6. Discuss the draft report with the staff assigned by UN Women and agree with them on the final version;
  7. Draft a final report;
  8. Present the findings to the members of the EOC and legislation experts.
Deliverables:
  1. A detailed work plan with timeline and milestones;
  2. List of global standards against which the review will be done with brief justification;
  3. Gap analysis and draft report;
  4. Synopsis for the consultation with the TGNA legislation experts together with a detailed agenda and identification of the expected outcomes;
  5. Final report;
  6. PowerPoint presentation of the findings.

Compétences

The selected candidate should have:
  • Proven experience in reviewing legislation from human rights/ women’s rights perspective;
  • Thorough knowledge of the area of legislation to be reviewed;
  • Knowledge about mandate of the TGNA Commission for Equal Opportunities for Women and Men;
  • Ability to work under pressure and deliver high quality results on time;
  • Initiative and independence;
  • Adaptability;
  • Excellent mediating, facilitating and communication skills, with particular focus on supporting capacity development.

Qualifications et expériences requises

Education:

  • Graduate degree in law.
Experience:
  • Minimum  5 years of experience in reviews of legislation from a gender perspective;
  • Documented experience in and knowledge of the specific area of legislation to be reviewed;
  • Proven experience in working with global gender-related normative frameworks;
  • Experience in working with the Turkish legal system is a  must;
  • Full computer literacy.
Language Requirements:
  • Excellent fluency in English and reading and understanding knowledge of Turkish

Application procedure:

 Applications should include: 
  • Cover letter including a clear identification of one or more of the above clusters (in whole) of legislation for the review of which you apply; and a brief explanation what you believe makes you the most suitable candidate for the advertised position;
  • P11 including past experience in similar assignments. Can be downloaded at www.er.undp.org/hr/docs/p11-un.doc;
  • 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 (number of anticipated working days, travel tickets, per diems and any other possible costs) for each of the clusters you wish to apply for separately.
 *Please note that the financial proposal is all-inclusive and shall take into account various expenses incurred by the consultant/contractor during the contract period (e.g. fee, health insurance, vaccination and any other relevant expenses related to the performance of services...). All envisaged travel costs-travel to Ankara (two trips, each for two days, regardless of the number of clusters applied for) to Ankara must be included in the financial proposal.    

Evaluation of applicants:

Candidates will be evaluated using a cumulative analysis method taking into consideration the combination of the applicants’ qualifications and financial proposal. Contract will be awarded to the individual consultant whose offer has been evaluated and determined as:
  • Responsive to and compliant with the ToR; and
  • Having received the highest score out of below defined technical and financial criteria.
Only candidates obtaining a minimum of 49 points in the technical evaluation would be considered for financial evaluation.
Criteria:
Technical Evaluation (70%) - Total points 70
  • Relevant education - 10 points
  • Experience in and knowledge of the area of legislation to be reviewed - 30 points
  • Experience in gender review of legislation - 30 points
Financial Evaluation (30%) - Total points 30
TOTAL - 100 points
The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal. All other price proposals receive points in inverse proportion. A suggested formula is as follows:
p = 30 (μ/z)
Where:
p = points for the financial proposal being evaluated
μ = price of the lowest priced proposal
z = price of the proposal being evaluated