INVITATION TO PARTICIPATE
to the procurement procedure for the assessment services of the institutional capacities of the People’s Advocate Office in ensuring the independent monitoring of the observance of children’s rights in the Republic of Moldova
Context
According to the Law on the People’s Advocate no. 52/2014, the Parliament appoints two People’s Advocates autonomous from each other, one of whom specializes in the protection of children’s rights and freedoms.
According to the procedures regulated in the law, the People’s Advocate for the rights of the child exercises his attributions for ensuring the observance of the rights and freedoms of the child; implementation, at the national level, by central and local public authorities, persons with leadership / responsibility at all levels of the provisions of the UN Convention on the Rights of the Child. Among the attributions of the People’s Advocate for the rights of the child are:
(1) The People’s Advocate for the rights of the child provides protection and assistance to the child at his / her request, without requesting the consent of the parents or legal representatives. The child is informed about the result of the examination of the application in a form corresponding to his intellectual and mental maturity.
(2) In order to ensure the observance of the rights and freedoms of the child, the People’s Advocate for the rights of the child is entitled to act ex officio to assist the child in difficulty or at risk, without seeking the consent of parents or legal representatives.
(3) The People’s Advocate for the rights of the child cooperates with any person, non-commercial organization, institution or public authority with activity in the field.
(4) The People’s Advocate for the rights of the child decides on the requests regarding the violation of the rights and freedoms of the child.
(5) In order to defend the rights and freedoms of the child, the People’s Advocate for the rights of the child may refer the matter to the Constitutional Court and may bring actions in the courts.
In his work, the People’s Advocate for the Rights of the Child is assisted by a specialized subdivision within the People’s Advocate Office.
The People’s Advocate Office provides organizational, legal, informational and technical assistance to the People’s Advocate and the People’s Advocate for children rights, who are assisted in its activity by the Office and have the status of a legal person. The People’s Advocate for children rights has other responsibilities, such as contributing to the improvement of legislation, referral to the Constitutional Court, examination of applications for children’s rights, promotion of children’s rights, monitoring in places of detention for minors, etc., in which are involved also the subdivisions of the Office. The Office may employ experts with experience in the field of human rights and other related fields, in order to obtain consultative assistance, expertise and specific knowledge.
The People’s Advocate Institution is autonomous and independent from any public authority, legal entity or individual person, with a mandate offered by the Parliament by Law no. 164/2015 on the approval of the Regulation on the organization and functioning of the People’s Advocate Office.
The Directorate for the Rights of the Child, a specialized subdivision within the Office of the People’s Advocate, is responsible for ensuring the effective functioning of the People’s Advocate for the Rights of the Child, in particular for monitoring the implementation of the UN Convention on the Rights of the Child and the protection of children in difficulty or at risk, the preparation of the Annual Report on the observance of the rights of the child in the Republic of Moldova (chapter of the Annual Report on the observance of human rights and freedoms in the Republic of Moldova), and participation in other tasks the child.
Despite the fact that the process of monitoring the observance of children’s rights in the Republic of Moldova under the auspices of the People’s Advocate for Children’s Rights is carried out continuously and as a result of a continuous process of analysis and synthesis, it is still not enough. Thus, in order to strengthen the capacities of the People’s Advocate’s Office in ensuring independent monitoring of respect for children’s rights in the Republic of Moldova, the People’s Advocate for Children’s Rights comes with the initiative to hire an international expert to develop the Study “Assessment of institutional capacities of the People’s Advocate Office in independent monitoring of respecting the rights of the child in the Republic of Moldova”.
The evaluation is to be carried out in general terms in the light of the mandate of the People’s Advocate for the Rights of the Child, as well as in particular in the context of his duties in monitoring the implementation at national level of the UN Convention on the Rights of the Child. The evaluation is to be carried out taking into account the provisions of the Law on the People’s Advocate (Ombudsman) no. 52/2014, the Regulation on the organization and functioning of the People’s Advocate Office, approved by Law no. 164/2015, the Opinion of the Venice Commission on the Law on the People’s Advocate (no.164/2015), as well as other good practices at international level.
As a final goal, the study should aim to assess the institution’s capacity in the segment of independent monitoring and implementation of all recommendations aimed at respecting children’s rights in the Republic of Moldova, especially how to achieve the duties of the People’s Advocate for children’s rights in other states.
This initiative is to be carried out according to the Action Plan of the People’s Advocate Office for 2021 and the Agreement concluded between the People’s Advocate Office and UNICEF. The main purpose of the initiative is to contribute to the improvement of the situation in the field of children’s rights in the Republic of Moldova.
Basic tasks of the expert
The contracted expert will be responsible for performing the following tasks:
- Analysis of the institutional and operational needs of the People’s Advocate Office to ensure the efficiency of the process of independent monitoring of children’s rights in the Republic of Moldova.
- Identification of the instruments and mechanisms used by other states, liable to be used by the People’s Advocate Office for the efficiency of the activity of independent monitoring of children’s rights in the Republic of Moldova.
- Elaboration of the Study on the institutional needs of the People’s Advocate Office in order to streamline the process of independent monitoring and implementation of all recommendations developed by the Ombudsman for Children in the Republic of Moldova, as well as the General comments of the UN Committee on the rights of the child (Convention on the Rights of the Child) on the observance of children’s rights in Moldova, which would contain but not be limited to:
- tools and mechanisms for independent monitoring of the observance of children’s rights in the Republic of Moldova;
- recommendations regarding the efficiency of the implementation process of all recommendations aimed at respecting the rights of the child in the Republic of Moldova;
- aspects related to the harmonization of the targeted processes in correlation with similar institutions from European states.
Deadline for completion of tasks – October 2021
Requirements for the candidate
Higher education in the field of law, human rights, social sciences or other fields relevant to the performance of tasks;
Professional experience in the field of human rights, including experience in developing methodologies, studies, reports and analysis / consulting in the field of human rights;
Experience of collaboration / consultation of the National Institutions for the protection of human rights
Interested candidates can be individuals or legal entities;
The competition is open to international candidates;
The study is to be prepared in one of the languages: Romanian, Russian or English.
* The bidder will submit, as a mandatory part of its bid, documentary evidence / links confirming the experience and provision of similar services
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Evaluation criteria |
Max points |
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Studies and skills |
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Higher education in law, human rights, social sciences or other fields relevant to the performance of tasks |
10 |
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Professional experience |
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At least 5 years of professional experience in the field of human rights |
10 |
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At least 2 years of experience in developing methodologies, studies, reports and analysis / consulting in the field of human rights |
10 |
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Experience in providing international consulting services; |
10 |
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The concept and methodology of the research to be performed |
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Addressing the specific aspects for accomplishing the basic tasks. |
10 |
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Overview of the expected product development methodology. |
10 |
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Financial offer* |
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The value of the offer. The offer with the lowest price. Justification of the costs for carrying out the task. |
40 |
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Total |
100 |
* The following offers – five points less, in descending order
The content of the competition entry file
- Candidate’s CV or profile of the representative organization;
- Letter of intent;
- The concept of the research to be performed;
- Financial offer;
- Documentary evidence / links confirming professional experience / provision of similar services.
* The financial offer will indicate the total price for the specified services, in Moldovan lei. The total gross price includes all taxes, duties, social and fiscal deductions, according to the legislation in force of the Republic of Moldova. The number of working days for the execution of tasks and delivery of products will also be indicated, detailing the costs by categories. The offer will include all costs related to the contract. The Office of the People’s Advocate will not cover any additional costs.
Estimated value for services – 30,000 lei
In the case of individual persons, from the total amount, all social and fiscal deductions will be withheld and transferred to the budget, according to the national legislation in force.
Institutional arrangements
The People’s Advocate Office will conclude with the expert a contract for the provision of services, according to the conditions indicated in the Invitation to participate in the competition.
In the process of providing the services, the expert will communicate directly with the designated responsible persons within the People’s Advocate Office and UNICEF.
The People’s Advocate Office will present the relevant information to the object of the report it holds and will ensure the collaboration with the public authorities and the civil society organizations (accumulation of the necessary information, organization of interviews, etc.).
The People’s Advocate Office will make the payment after the provision of services, based on a handover – receipt or the fiscal invoice in case of legal entities.
How to present the file:
The file will be submitted electronically to ombudsman@ombudsman.md with the attachment of the set of scanned documents, indicating in the title of the message: “PAO / competition / expert_ Assessment of children’s institutional capacities”.
The deadline for submitting the file is June 28, 2021.
Delayed bids will be rejected.
