Terms of Reference – Legal Consultant

Presentation of the mission

Special Talent Exchange Program Gender Equality
Funding Organization United Nations Population Fund (UNFPA)
Objective of the Project Strengthened capacity of public sector and civil society partners to advance gender equality and prevent to and respond to gender-based violence in development and humanitarian settings
Time of the Consultancy April – June 2021
Place of the project: Islamabad – Pakistan

Presentation of the context

2-1- Context

Special Talent Exchange Program (STEP) for better, more inclusive policies that adequately and systematically address the needs and rights of persons with disabilities. STEP advocacy strategy on inclusive development concentrates on strengthening the inclusion and mainstreaming of persons with disabilities particularly focusing on women and girls with disabilities facing double discrimination, sexual harassment and gender-based violence. STEP/s advocacy is embedded in the 2030 Agenda on Sustainable Development and its “Leave no one behind” principles, as well as in the UN Convention on the Rights of Persons with Disabilities (UNCRPD). STEP with support from UNFPA, aims at providing evidence, analyses and recommendations to policy makers to help them implement the commitments they’ve made and the legal human rights obligations they’re accountable for.

The National Assembly of Pakistan passed “The ICT Rights of Persons with Disabilities Act 2020” presented by Minister of Human Rights. The act is a remarkable achievement and is ever first of its kind in Islamabad Capital Territory that is developed in line with United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It replaced the Disabled Protection and Welfare Act 1981 while contributing to the implementation of UNCRPD, SDGs and disability related constitutional provision to uplift the lives of persons with disabilities in Pakistan.

In persuasion of Section 21, Sub Section (1) of the ICT Rights of Persons with Disabilities Act 2020, the National Council on the Rehabilitation of Disabled Persons (NCRDP) is reconstituted as Council on the Rights of Persons with Disabilities (CRPD). The Council would be responsible for the smooth implementation of the disability legislation and the development of the rules of business.

Similar efforts have also been made by the Parliament of Pakistan in ensuring persons with disabilities are not left behind. In 2020, Honorable Speaker of the National Assembly of Pakistan formed the Special Committee on the Rights of Persons with Disabilities.

This committee will effectively advocate for protection of their rights through necessary legislation and mobilization of state institutions by collectively holding the governmental departments/institutions accountable to cater to the needs of persons with disabilities.

The committee would also undertake comprehensive stakeholder’s consultations to develop a roadmap to capitalize on the potential of disabled people as productive citizens of the state.

Scope of the Consultancy

This consultancy service is to provide technical support to STEP to contribute in the Special Committee on the Rights of Persons with Disabilities (SCRP), National Assembly of Pakistan and Council on the Rights of Persons with Disabilities (CRPD), and Ministry of Human Rights.

Following are the tasks to be undertaken by the legal consultant,

  • Apply gender lens to existing ICT Rights of Persons with Disabilities Act 2020 and undertake review to document alignment of disability legislation with international commitments and best practices concerning rights of persons with disability with special focus on rights of women with disability.
  • Undertake desk review of regional work/best practices/lessons learnt concerning legislation addressing disability rights, implementation mechanisms and policies addressing rights of persons with disability with special focus on women with disability.
  • Technically lead the development of roadmap and plan of action on the implementation of disability rights bill in consultation with Disabled People Organizations (DPOs), Council on the Rights of Persons with Disabilities (CRPD) and Special Committee on the Rights of Persons with Disabilities (SCRP).
  • Assist the process of development of Rules of Business other relevant operational protocols.
  • Technically facilitate STEP for meetings of the Council on the Rights of Persons with Disabilities and Special Committee on the Rights of Persons with Disabilities to support the committee members on legal aspects for facilitating implementation of the ICT Rights of Persons with Disabilities Act 2020. Technically lead the development of the key indicators and key actions to track implementation of the ICT Rights of Persons with Disability Act 2020.
  • Technically lead in the area of policy recommendations emerging from the deliberations with persons with disability, parliamentarians and Special Committee on the Rights of Persons with Disabilities.
  • Technically lead review of key policies to identify gaps to ensure disability sensitive and responsive practices and policies that respect, protect and remedy in line with Pakistan Disability Act and develop advocacy messages based on the review for policy makers and parliamentarians.
  • Facilitate the exchange of good practices to support Committee on the Rights of Persons with Disabilities and STEP in their initiatives to introduce policy changes at national level.
  • Technically support to strengthen the Committee on the Rights of Persons with Disabilities currently working under the Ministry of Human Rights.
  • Support strengthening and development of operational mechanisms for Parliamentary Special Committee on Persons with Disabilities.
  • Develop materials informed by of the The ICT Rights of Persons with Disabilities Act 2020 in easy-to-understand language and in accessible formats for the diverse disability groups at the grass-root and national level and for parliamentarians.
  • Support women with disabilities providing them the with advocacy messages and materials for policy reform with special focus on gender-based violence.
  • Support capacity building of women with disabilities to become focal points for Parliamentary and CRPD Committees and Commission on the Status of Persons with Disabilities.
  • ensure that a disability perspective is introduced and maintained in the activities of all relevant committees and forums.
  • Organize and facilitate consultations with Disabled People Organizations (DPOs) and Persons with Disabilities to draft recommendations to present to the Council/Committee.
  • Responsible for producing activity reports, providing information and updates on the workplan.
  • Available to participate in the activities of SCRC and CRPD.
  • Capture lessons learnt during project implementation
  • Ensure full compliance of STEP’s rules regulations.
  • He/She shall work in close coordination and collaboration with STEP, Ministry of Human Rights, Parliament of Pakistan and United Nations Population Fund (UNFPA).
  • Requested profile

Knowledge and experience

  • Required: 10 years of professional experience in the areas of law or law combined with gender; with a particular focus on GBV, its underlying reasons, and the importance of multifaceted responses; and rights-based approaches
  • Thorough understanding of gender in the provincial and federal socio-political contexts;
  • Thorough understanding of Pakistan’s constitutional; national, provincial laws and policies; and international commitments towards women;
  • Experience of advising and supporting government institutions and international or non-governmental organizations in policy/legal and gender mainstreaming;
  • Demonstrated ability to network within the academic and development community;
  • Demonstrated ability to refine program design and to ensure alignment of program objectives to national priorities on gender and law/policy;
  • Excellent writing, presentation, and computer skills;
  • Strong interpersonal and communication skills; with the ability to liaise with various stakeholders;
  • Understanding of UNFPA’s global commitment towards gender equality and UN’s global gender-related pledges;

Desired: Having knowledge or experience of working with women or human rights commission(s).

 

Send your applications on Office@step.org.pk

Application Deadline: 15 April 2021

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