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Legal Expert to Provide Technical Support to the People’s Advocate for a Study on Calculating the Subsistence Minimum (Minimumi Jetik) in Albania
|Lieu :||Tirana, ALBANIE|
|Date limite de candidature :||15-Jul-20 (Minuit New York, États-Unis)|
|Type de contrat :||Individual Contract|
|Niveau du poste :||National Consultant|
|Langues requises :||Anglais|
|Durée prévue de la mission :||July-October (maximum 20 working days)|
Governance reforms are at the heart of the European Union (EU) accession process and have been prioritized as key to addressing Albania’s socio-economic challenges. Major investments have therefore been made by the Government of Albania (GoA) in reforming the public administration, the judiciary, and the social sector in efforts to reduce corruption, strengthen the rule of law, and enforce fundamental rights for social inclusion and protection. Delivery of quality and inclusive public services, including at local level, is one of the many important interventions the GoA is intensively working on to meet obligations that arise from international legal instruments as part of the EU accession Agenda.
Since the last study conducted on the subsistence minimum in 2016, organic laws that regulate service provision to citizens, including the law on social care services, social assistance and the free legal aid were reviewed and adopted. In particular, the Law No.121/2016 on Social Care Services and Law No.57/2019 on Social Assistance set out the foundations of a system of integrated social-care services significant for alleviation of poverty and social exclusion. Moreover, the Strategy on Social Protection of 2015-2020 sets out interventions and services aiming to improve the living standard and social inclusion in Albania. On the other hand, the Official Political Document on Social Inclusion (OPDSI) 2016-2020 adopted by GoA with the support of UNDP in 2016 ensure a contemporary and accountable system for assessing social inclusion in various sectoral policies. The aim of OPDSI is to achieve a balanced and sustainable framework for ensuring that social inclusion is measured, monitored and reported in Albania through a robust set of indictors thereby improving ways in which social inclusion is linked to improving Government policies and Albania’s progress towards EU accession.
In the Albanian legislation “social assistance” is defined by the Law of Social Assistance as: "A payment given to vulnerable individuals and families specified in the law”. Despite adoption of the law on Social Assistance measuring social inclusion has proven to be somewhat challenging for the Albanian government as updated official regarding the subsistence minimum are lacking. In addition, periodic reporting of the People’s Advocate found the criteria for benefiting from social assistance conflicting with the needs of the vulnerable categories and not taking into account the poverty line, which has led to further exclusion of these categories from basic social support.
According to the 2016 Report Study on Calculation of Subsistence Minimum in Albania, “subsistence minimum” or otherwise “official poverty line” is considered a state obligation for guarantying a fundamental right, to live with human dignity. The official poverty of a state is indicated by the number of individuals or households treated with social assistance. This Report was initiated and supported by the People’s Advocate and found that the subsistence minimum is dynamic and changeable depending on different socio-economic developments. Therefore, periodic indexing of subsistence minimum since the last report of 2016 report is considered crucial for having a real subsistence minimum and for moving from defining a subsistence minimum to a reasonable standard of living that complies with human dignity and human rights.
In its 2019 periodic report the PA highlights that failure to calculate the subsistence minimum as per latest socio-economic developments is a threat to human dignity and the right to life for vulnerable individuals and household beneficiaries of state social welfare schemes.
On the positive side, the Government is committed to effectively implement the recent Law on Social Assistance and the commitments articulated in OPDSI for 2016-2020.
To support the Albanian human rights bodies in their mission and role to influence policy change based on accurate and timely data, UNDP will support the PA to upgrade the Report Study conducted in 2016 for the Calculation of Subsistence Minimum in Albania or otherwise the poverty line, considering that its calculation is a prerequisite to future, interventions and measures for developing effective social inclusion policies and enabling legal framework to protect human rights, dignity and legal interests of individuals. Improving the quality and effectiveness of social inclusion measurement will enhance the administration’s capacity to appraise policy and to carry out broader sector reviews.
UNDP Albania in close collaboration with the PA and all relevant stakeholders, will be providing support in development of this study report in the frame of UNDP initiatives (EFLAS and Institutional capacity building for the National Human Rights Institutions & support Government to improve access to justice for vulnerable and marginalized groups) that aim at providing support to equality bodies like People’s Advocate in upholding human rights standards, strengthening rule of law and access to justice of the most vulnerable populations. Discussion will be held with a range of stakeholders on how to enrich the annual reviews of social exclusion measures and how to hold government more accountable for the policies and programmes for which they are responsible.
Considering all the above, UNDP will need the services of a team of 3 experts from the legal and social and economic sectors to provide support to PA as per the below duties, responsibilities and deliverables.
Devoirs et responsabilités
Main duties and responsibilities
Legal expert together with two other experts from social and economic area will provide the following:
The list of final deliverables:
Qualifications et expériences requises
The experts are expected to have the following qualifications to complete the task successfully:
Evaluation of Applicants
Individual consultants 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. 70 points:
Financial Criteria - 30% of total evaluation – max. 30 points.
The application should contain:
* Kindly note that Letter to UNDP Confirming Interest and Availability and Financial Proposal are two separate documents and should both be part of your application.
How to Submit the Application:
To submit your application online, please follow the steps below:
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.
Due to a large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.
Le PNUD s’engage à recruter un personnel divers en termes de genre, de nationalité et de culture. Nous encourageons de même les personnes issues des minorités ethniques, des communautés autochtones ou handicapées à postuler. Toutes les candidatures seront traitées dans la plus stricte confidentialité.
Le PNUD ne tolère pas l’exploitation et / ou les atteintes sexuelles, ni aucune forme de harcèlement, y compris le harcèlement sexuel, et / ou toutes formes de discrimination. Tous/tes les candidats/tes selectectionnes /ées devront ainsi se soumettre à de rigoureuses vérifications relatives aux références fournies ainsi qu’à leurs antécédents.