Legal Advisor on Gender Equality and Non-discrimination



Advertised on behalf of :

Location : Kyiv, UKRAINE
Application Deadline :20-Apr-21 (Midnight New York, USA)
Time left :8d 15h 16m
Type of Contract :Individual Contract
Post Level :National Consultant
Languages Required :
Starting Date :
(date when the selected candidate is expected to start)
01-Jun-2021
Duration of Initial Contract :180 days (within period of 1 June 2021 to 31 May 2022, with min. one field trip to 4 pilot regions)


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

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.


Background

UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.

UN Women Ukraine implements its Country Strategy for 2018-2022, covering the following thematic areas:

  • Making gender equality priorities central to national reforms, governance, planning and budgeting
  • Ending violence against women and girls; and
  • Strengthening implementation of the Women, Peace and Security agenda

Striving to ensure that the national reform agenda, policies and public institutions respond equally to the rights and needs of women and men, girls and boys UN Women implements a number of projects to advance gender equality and women’s empowerment in the implementation and monitoring of the reforms. Ukraine has joined and adopted most of the key international and regional gender equality, women’s empowerment and human rights frameworks and integrated these commitments into a number of national laws and policies. Ukraine joined the Beijing Platform for Action (BPfA) and ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol; localized the Sustainable Development Goals (SDGs) with gender equality placed centrally in 10 of 17Goals, 25 of 86 targets and 45 of 172 indicators; signed the EUAA[1]; ratified the European Convention on Human Rights and the European Social Charter; and signed the Istanbul Convention (pending ratification).

The Government is implementing the National Strategy on Human Rights and the Action Plan (2016-2020) and has adopted the State Social Programme on Equal Opportunities (2018-2021)[2]. The national legislative framework includes Laws on Equal Rights and Opportunities for Women and Men (2005), the Principles of Prevention and Combatting Discrimination in Ukraine (2012) and Preventing Violence in the Family (2001). In December 2017, the Parliament passed the Law on Preventing and Combatting Domestic Violence[3] and the Law on Amendments to certain laws of Ukraine in connection with the ratification of the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)[4]. As a crisis response measure, the Government adopted the second National Action Plan for Implementation of United Nations Security Council Resolution 1325 for 2021-2024 (NAP 1325). The Government also approved the Action Plan on Implementation of Strategy on Poverty Reduction for 2018[5] and the Action Plan for Implementation of the Convention on the Rights of Persons with Disabilities Concluding Observations for 2016 – 2020.[6] In September 2018, the Government has adopted its first National Action Plan on implementation of recommendations provided in the Concluding Observations of the UN Committee on the Elimination of Discrimination against Women to the Eighth Periodic Report of Ukraine on the implementation of the CEDAW by 2021. The Ministry of Finance approved Methodological recommendations on implementing and applying a gender-based approach to the budget process[7]. The Government launched the SDGs nationalization process by development of the national baseline report in 2016 and endorsement of the matrix of nationalized SDGs indicators, including sex-disaggregated and gender-sensitive indicators. The SDG 5 on gender equality is considered as one of the accelerating goals of the Agenda 2030 and 6 targets were formulated at the national level[8]. The President’s Decree #722/2019 was issued on 30 September 2019 to support mainstreaming of the SDGs to national polices and strategies[9]. The national gender mainstreaming framework is also established by the Decree of the Cabinet of Ministers of Ukraine # 997 of 28 November 2018 “Issue of Gender Legal Expertise”[10], Decree of the Ministry of Social Policy of Ukraine # 86 of 07 February 2020 “On Approval of Guidelines for Gender Mainstreaming in Development of Legal Acts”[11] and Decree of the Ministry of Social Policy of Ukraine # 257 of 04 April 2020 “On Approval of Methodical Recommendations for Gender Impact Assessing in Sectoral Reforms”[12].

The Government of Ukraine proclaimed decentralization as one of the flagship reforms. Following the adoption of the State Strategy of Regional Development in 2014[13], the Concept of Reforming Local Self-Government and Territorial Structure of Power and the Action Plan , the reform was launched[14]. The major package of legislation that was adopted has provided the legislative framework of the reform[15]. The process of decentralization entails also fiscal decentralization and enables local communities to collect local revenues and make own decisions on spending of the local budget, which creates opportunities for good governance and gender responsiveness in the planning of the local budgets and expenditures.  The process is being led by the Ministry of Communities and Territories Development of Ukraine (the MCTD). The Cabinet of Ministers adopted the first-ever gender-sensitive State Strategy on Regional Development 2020-2027[16] in August 2020 to inform the process of regional development.

However, according to gender analysis conducted by UN Women and other agencies, the policy of decentralization reform and the legal frameworks have not yet been fully aligned with the international gender equality and women’s rights commitments, and with the national policy and legislation commitments on gender equality.

The project “Advancing Gender Equality and Women’s Empowerment through Decentralization Reform of Ukraine” funded by the Government of Canada supports the consolidated efforts of the national mechanism for gender equality, the Ministry of Communities and Territorial Development  of Ukraine, the National Parliament (Verkhovna Rada), the Ombudsperson Office of Ukraine, four pilot regional state administrations (RSAs) and 13 territorial communities (TCS) in Chernivtsi, Kherson, Sumy and Volyn regions, women’s groups and civil society organizations (CSOs) in the implementation of the national gender equality priorities through decentralization reform. The project contributes to an increased responsiveness of the decentralized services to the differentiated needs of women, girls, men and boys, thus achieving transformative results for gender equality and women’s empowerment in Ukraine.

The project provides policy advise and capacity development support to the national stakeholders in developing, implementing and monitoring the gender and human-rights responsive legislation and policies framework on decentralization and sustainable regional development. These efforts support the national stakeholders in ensuring that the decentralization reform and regional and local development are  compliant with international standards on gender equality such as CEDAW, BPfA, and is in line with the national frameworks on gender equal rights and opportunities, such as the localized Sustainable Development Goals, the State Social Program on Equal Rights and Opportunities of Women and Men, the National Action Plan for the Implementation of the UNSC Resolution 1325. In 2020, the project supported the MCTD in the gender mainstreaming of the State Strategy of Regional Development 2021-2027 (SSRD), which resulted in the formulation of Operational Goal #5 on ensuring equal rights and opportunities for women and men, preventing and combating domestic violence and discrimination. The project also supported NGO Poruch on conducting a comprehensive GE and HRBA institutional capacity assessment of the MCTD, four pilot RSA and 13 TCs.

In order to inform policy and programmatic measures of key stakeholders and ensure recognition of women’s contribution to the crisis response, UN Women conducted Rapid Gender Assessment of the Situation and Needs of Women in the Context of COVID-19 (RGA)[17] in 2020. In addition, the project provided contribution to other UN system reports on socio-economic impact of the pandemic to women from vulnerable groups. The reports included legal recommendations to the national stakeholders on ensuring gender-sensitive response to the pandemic and related socio-economic crisis at the national, regional and local level.

To provide a continuous technical and capacity building support to the national stakeholders on gender and human rights analysis of legislation and policy framework in line with international and national normative commitments, UN Women seeks to hire a National Consultant – Legal Advisor on Gender Equality and Non-discrimination.

 

[1] EUAA entails a commitment to ensure equal opportunities for women and men in employment, education, training, economy, society and decision-making, Title V, Economic and Sector Cooperation, Chapter 21, Cooperation on Employment, Social Policy and Equal Opportunities, Articles 419, 420.

[2] Ukraine, Decree of the Cabinet of Ministers #273 of 11 April 2018. Available at http://zakon5.rada.gov.ua/laws/show/273-2018-%D0%BF

[3]Ukraine, Law of Ukraine On Prevention and Combating of Domestic Violence, Law #2229-VIII (2017). Available at http://zakon5.rada.gov.ua/laws/show/2229-19

[4] Ukraine, Law of Ukraine on Amendments to the Criminal and Criminal Procedural Codes of Ukraine in Order to Implement the Provisions of the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence, Law #2227-VIII (2017). Available at http://zakon3.rada.gov.ua/laws/show/2227-viii.

[5]Ukraine, Action Plan for 2018 on Implementation of Strategy on Poverty Reduction. Available at https://www.kmu.gov.ua/ua/npas/pro-zatverdzhennya-planu-zahodiv-na-2018-rik-z-realisaciyi-strategiyi-podolannya-bidnosti

[6]Ukraine, Government Decree # 1073-? of 28 December 2016, Action Plan for Implementation of the CPRD Convention Concluding Observations for 2016 – 2020. Available at  http://zakon2.rada.gov.ua/laws/show/1073-2016-%D1%80

[7]Ukraine, Order of the Ministry of Finance ? 1 from 2 January 2019. Available at https://zakon.rada.gov.ua/rada/show/v0001201-19?fbclid=IwAR2sK8xB9-WqyO2-p6IA-b5qelitDrkqYexX8wNF-ZfO0rnFGbLBkT-0wzE

[8]The following SDGs targets were developed as national targets in Ukraine: 5.1 Create conditions to eliminate all forms of discrimination against women and girls; 5.2 Reduce gender-based and domestic violence, ensure effective prevention and timely assistance to victims; 5.3 Promote shared responsibility for the care and upbringing of the child; 5.4 Ensure equal representation at the highest levels of decision-making in political and public life; 5.5 Increase public access to family planning services and reduce adolescent birth rates; 5.6 Enhance women's economic opportunities. Available at http://sdg.org.ua/ua/pro-hlobalni-tsili/gender-equality#%D0%BD%D0%B0%D1%86%D1%96%D0%BE%D0%BD%D0%B0%D0%BB%D1%8C%D0%BD%D1%96-%D0%B7%D0%B0%D0%B2%D0%B4%D0%B0%D0%BD%D0%BD%D1%8F

[9]Ukraine, Decree of President of Ukraine ?722/2019 on Sustainable Development Goals till the period of 2030. Available at https://www.president.gov.ua/documents/7222019-29825

[10] Ukraine, Decree of the Cabinet of Ministers of Ukraine # 997 of 28 November 2018 “Issue of Gender Legal Expertise”. Available at https://zakon.rada.gov.ua/laws/show/997-2018-%D0%BF#Text

[11] Ukraine, Decree of the Ministry of Social Policy of Ukraine # 86 of 07 February 2021 “On Approval of Guidelines for Gender Mainstreaming in Development of Legal Acts”. Available at https://zakon.rada.gov.ua/laws/show/z0211-20#Text

[12] Ukraine, Decree of the Ministry of Social Policy of Ukraine # 257 of 04 April 2020 “On Approval of Methodical Recommendations for Gender Impact Assessing in Sectoral Reforms”. Available at https://www.msp.gov.ua/documents/5701.html?PrintVersion 

[13]Ukraine, Ukraine State Strategy of Regional Development for the period until 2020 approved by Decree of the Cabinet of Ministers of Ukraine # 385 of 6 August 2014. Available at http://surdp.eu/uploads/files/SSRD_2020_approved_final_EN.pdf

[14] Ukraine, Decree of the Cabinet of Ministers # 688-p of 22 September 2016. Available at http://zakon2.rada.gov.ua/laws/show/688-2016-%D1%80/paran82#n82

[15]Ukraine, Law of Ukraine # 2621-VIII of 22 November 2018 “On Amendments to the Budget Code of Ukraine”. Available at https://zakon.rada.gov.ua/laws/show/2621-19; Ukraine, Law of Ukraine # 157-VIII of 01 January 2019 “On Voluntary Amalgamation of Territorial Communities”. Available athttps://zakon.rada.gov.ua/laws/show/2621-19; Ukraine, Law of Ukraine # 1508-VII of 17 June 2014 “On Cooperation of Territorial Communities”. Available at https://zakon.rada.gov.ua/laws/show/1508-18; Ukraine, Law of Ukraine # 156-VIII of 05 February 2015 “On Fundamental Principles of the State Regional Policy”. Available at https://zakon.rada.gov.ua/laws/show/156-19; Ukraine, Law of Ukraine # 320-VIII, 09 April 2015 “On Amendments to Some Legislative Acts of Ukraine regarding the Decentralization of Powers in the Area of Architectural and Construction Supervision and Improvement of Town-Planning Legislation”.

[16]Ukraine, Decree # 695 of the Cabinet of Ministers of Ukraine “On approval of the State Strategy for Regional Development for 2021-2027”. Available at https://www.kmu.gov.ua/npas/pro-zatverdzhennya-derzhavnoyi-strategiyi-regionalnogo-rozvitku-na-20212027-t50820

[17] UN Women. Rapid gender assessment of the situation and needs of women in the context of COVID-19 in Ukraine. Available at https://eca.unwomen.org/en/digital-library/publications/2020/05/rapid-gender-assessment-of-the-situation-and-needs-of-women


Duties and Responsibilities

The Legal Advisor on Gender Equality and Non-discrimination will work under the overall guidance of the UN Women Representative in Ukraine, day-to-day guidance, coordination of the UN Women Project Manager, as well in coordination with the project team of national and international consultants and implementing partners. The consultant will implement a set of tasks, including, but not limited to:

Task 1: Provide expert support to the selected central executive bodies on gender and human-rights analysis of legislation and policy framework.

1.1. Review existing analysis, assessments and monitoring reports on implementation of the national gender equality policy at regional and local levels, including Alternative/Shadow reports on CEDAW implementation in Ukraine, CEDAW Committee Concluding Observations to the Eighth Periodic report and the List of Priority Issues prior the reporting of the CEDAW Committee, OSCE/ODIHR report “Study of the Effectiveness of Regional-Level Gender Equality Mechanisms in Ukraine: The Way Forward”, the report of the institutional gender equality capacity assessment of the Ministry of Communities and Territories Development of Ukraine, pilot RSA and TCs prepared by NGO Poruch, UN Women RGA of COVID-19 in Ukraine and the other related documents; 

1.2. Conduct a gender analysis of legislation/regulatory legal acts, designed by the Ministry of Communities and Territories Development, by specialized committees of the Verkhovna Rada of Ukraine, the IFO "For Equal Opportunities" on the decentralization reform and local self-government, regional and local development to ensure compliance with international human rights standards  and gender equality, as well as national policy and legal framework.

1.4 Provide expert support to the working group of the Parliament Committee on the Organization of State Authority, Local Self-Government, Regional Development and Urban Planning on gender mainstreaming of their legislation work on finalization of decentralization reform and strengthening local governance system in Ukraine.

1.5. Provide recommendations on strengthening key laws on GEWE, including the Law of Ukraine "On Equal Rights and Opportunities for Women and Men" and the Law of Ukraine " On Preventing and Combating Discrimination in Ukraine" to ensure its compliance with international normative commitments, including CEDAW and other UN Treaties, BPfA,  UPR, UNSCR on Women, Peace and Security and the SDGs.

1.7. Contribute to advocating of gender recommendations for the harmonization and reforming of legislation and national and sectoral policies in line with international standards.

1.6. Monitor the legislative regulations aimed at counteracting the COVID-19 and reducing the socio-economic crisis caused by the pandemic. Conduct the gender analysis of the legislative acts and developing the recommendations on ensuring the access to equal rights and opportunities, relying on the remaining needs of women in a situation of vulnerability facing, while implementing the activities on the  COVID-19 response and recovery.

1.7. Prepare inputs and participate in meetings of joint working groups with representatives of MCTD, Ministry of Social Policy, other central and local executive bodies, projects and programs of international technical assistance and other institutions, organizations, advisory bodies to address issues arising in the process of implementing decentralization reforms considering gender aspects.

Task 2. Improve the level of knowledge and skills of the national stakeholders, as well as regional and local authorities in 4 pilot oblasts and 13 territorial communities on conducting gender legal expertise of legislation.

2.1. Participate in the annual capacity assessment of the Ministry of Community and Territorial Development of Ukraine, as well as 4 pilot oblasts and 13 territorial communities, to evaluate the progress/results of capacity-building activities.

2.2. Perform capacity building of representatives of the Ministry of Community and Territorial Development of Ukraine, 4 pilot regional state administrations and 13 territorial communities and other stakeholders on gender expertise of legislation (minimum 4 trainings).

2.3. Participate in multilateral, multisectoral and interagency meetings, consultations, and discussions with the institutions of the National Mechanism for Gender Equality - the Office of the Vice Prime Minister of Ukraine for European and Euro-Atlantic Integration, the Government Commissioner on Gender Policy the Ministry of Social Policy, the Ministry of Justice, and other relevant ministries, the Inter-Factional Association on Equal Opportunities, sectoral/legal experts and gender coordinators, as well as regional and local authorities, development agencies, and NGOs to joint analysis of gaps and collection of information on changes required in the legal framework for implementation of gender-responsive decentralization reform,  regional and local development.

2.4. Provide contribution to development of knowledge products, concepts of events, presentations and project reports.

Assignment Deliverables:

#

Deliverables

Approximate number of days

Deadlines

1

Monthly time-sheets and brief progress reports about implemented activities and achieved results with attached events’ supporting documents (agendas, lists of participants and reports) submitted

Up to 170, not to exceed 15 working days per month

Monthly, by 5th of next month

2

Final report about the progress and achievements, lessons learned and recommendations submitted

10

By 20 May 2022

  • All monthly reports and final report should be submitted in English language (the supporting documents, such as meeting minutes, analytical papers, workshop agendas etc. can be submitted in Ukrainian).
  • The Consultant is expected to work remotely using her/his own computer but may access the UN Women office for printing of relevant documents or should he/she be required to work on-site at any point during the assignment.
  • The Consultant is expected to travel to four pilot regions of Ukraine, minimum one field trip in every region. The cost of travel will be covered by UN Women separately in line with existing rules and procedures.

Inputs

  • UN Women will provide the Consultant with background materials related to the assignment.

Performance evaluation:

  • Contractor’s performance will be evaluated against such criteria as: timeliness, responsibility, initiative, communication, accuracy, and quality of the products delivered. The evaluation will be carried out and cleared by the hiring manager after receiving and accepting monthly reports which will also be the basis for payment on a monthly basis to the consultant.

Financial arrangements:

  • Payment will be disbursed on a monthly basis upon receipt of the deliverables (as per above matrix) and their certification by UN Women Program Specialist that the services have been satisfactorily performed.


Competencies

Core Values

  • Respect for Diversity
  • Integrity
  • Professionalism

Core Competencies

  • Awareness and Sensitivity Regarding Gender Issues
  • Accountability
  • Creative Problem Solving
  • Effective Communication
  • Inclusive Collaboration
  • Stakeholder Engagement
  • Leading by Example

Please visit this link for more information on UN Women’s Core Values and Competencies: https://www.unwomen.org/-/media/headquarters/attachments/sections/about%20us/employment/un-women-values-and-competencies-framework-en.pdf?la=en&vs=637


Required Skills and Experience

Qualifications Education:

  • Advanced (Masters) degree in law, gender studies or similar.

Experience:

  • At least 3 years of relevant experience on gender analysis of national legislation and policy documents;
  • Proven knowledge of international practices and instruments on the protection of human rights/women’s rights;
  • Experience with participation in high-level dialogues, consultations, including with the members of parliament, government etc.;
  • Previous professional experience with development agencies and the United Nations would be considered an asset.

Languages and other skills:

  • Fluent in Ukrainian and working knowledge of English and Russian will be an asset.
  • Computer literacy and ability to effectively use office technology equipment, IT tools, ability to use Internet and email.

Evaluation of Applicants:

Applications will be evaluated based on the cumulative analysis taking into consideration the combination of their qualifications and financial proposal. A two-stage procedure is utilized in evaluating the proposals, with evaluation of the technical proposal being completed prior to any price proposal being compared. The award of the contract should be made to the individuals whose offer has been evaluated and determined as:

  • Responsive/compliant/acceptable.
  • Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

Technical criteria, test and interview - 70% of total evaluation:

  • Technical criteria evaluation - max. 35 points
  • Test evaluation – max. 15 points.
  • Interview evaluation – max. 20 points

The total number of points allocated for the technical qualification component is 45. The technical qualification of the individual is evaluated based on desk review and following technical qualification evaluation criteria:

Technical Evaluation Criteria

Maximum obtainable Points

Criterion A – Relevant education

4 pts - Advanced (Masters) degree in social sciences, law, public policy/administration, economy, development studies, gender studies or similar; 5 pts- PhD

5

Criterion B – Language skills

4 pts - Ukrainian; 5 pts - additionally knowledge of English and Russian

5

Criterion C – Relevant Experience with total for all of the stated criteria:

  • At least 3 years of relevant experience on gender analysis of national legislation and policy documents (10 points)
  • Proven knowledge of international practices and instruments on the protection of human rights/women’s rights (5 points)
  • Experience with participation in high-level dialogues, consultations, including with the members of parliament, government etc. (5 points)
  • Previous professional experience with development agencies and the United Nations would be considered an asset (5 points)

25

Maximum obtainable score for the test

15

Maximum obtainable score for the interview

20

Total Obtainable Score

70

Financial/Price Proposal evaluation:

  • Only the financial proposal of candidates who have attained a minimum of 49 points in the technical evaluation will be further considered and evaluated.
  • The total number of points allocated for the financial/price component is 30.
  • The maximum number of points will be allotted to the lowest price proposal that is opened/ evaluated and compared among those technical qualified candidates who have attained a minimum of 50 points in the technical evaluation. All other price proposals will receive points in inverse proportion to the lowest price.
  • Evaluation of submitted financial offers will be done based on the following formula: S = Fmin / F * 30
  • (S - score received on financial evaluation; F min - the lowest financial offer out of all the submitted offers qualified over the technical evaluation round; F - financial offer under the consideration).

Application and submission package:

The candidate’s application should include:

  1. P11 with indication of relevant experience in line with the ToR requirements. Completed and signed UN Women Personal History (P-11) form can be downloaded from: https://www.unwomen.org/-/media/headquarters/attachments/sections/about%20us/employment/un-women-p11-personal-history-form.doc?la=en&vs=558
  2. Financial proposal (sample is provided below): The financial proposal shall specify a total lump sum amount with a breakdown of a daily professional rate per number of anticipated working days, travel costs (daily subsistence allowance and other in-country travel costs) and other related costs (e.g., tele-communication).

Interested candidates are requested to apply no later than 9.00 am EEST 20 April 2021 by submitting applications to the following e-mail address: hr.ukraine@unwomen.org with a subject “Legal Advisor on Gender Equality and Non-discrimination”.

Applications without financial proposal may be treated as incomplete and may not be considered for further assessment.

Sample of Financial Proposal

The format shown on the following tables is suggested for use as a guide in preparing the Financial Proposal.

  1. Cost Breakdown per Deliverables*

 

Deliverables

# of days and Percentage of Total Price (Weight for payment)

Price, UAH

(Lump Sum, All Inclusive)

1

 

 

 

2

 

 

 

3

 

 

 

 

Total

max. # of working days (100%)

UAH ……

*Basis for payment tranches

UN Women applies fair and transparent selection process that would take into account the competencies/skills of the applicants as well as their financial proposals.

 



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