Terms of Reference (ToR) Consultancy to undertake an impact assessment and draft a model Child Act.

Background

The ratification of international and regional human rights treaties creates a national obligation to carry out appropriate measures for implementing the rights of children in the country. The UN Committee on the CRC, in its General Comment No.5, noted that a comprehensive review of all domestic legislation and related administrative guidance to ensure full compliance with the Convention is an obligation. Ethiopia has ratified both the CRC and the ACRWC. As such, the principles and standards enshrined in these have direct implications on national laws and policies. The Committee in its Concluding Observations on Ethiopia (December 2022) has called upon the country to review domestic laws to bring them into compliance with the Convention and adopt a comprehensive Children’s law. The list of issues in relation to the combined 6th and 7th periodic reports of Ethiopia shared by the Committee on 20 September 2024 includes request for updates on any comprehensive legislation and strategies on children.

In line with its international and regional obligations, Ethiopia has revised several national legislations such as the Revised Family Code, Criminal Code, and Labour Law. However, the country has not yet complied with the CRC Committee’s recommendation to adopt a broad-based comprehensive child law at a national level. A comprehensive law will ensure the reflection of all the principles and provisions of the CRC considering the interconnected and interdependent nature of all rights. Most importantly, a comprehensive children’s act will address the rights and needs of children who need special protection such as children without parental care and those at risk of losing parental care. Most such laws address a broad range of children’s rights and protection issues including parental responsibility, foster care, adoption, child welfare/funding, and administration of different children’s institutions. Thus, SOS Children’s Villages is advocating for the adoption of a comprehensive children’s law (child act) at the Federal Level. As part of this advocacy effort, SOS Children’s Villages is seeking to engage a consultant to undertake an impact assessment and draft a model Child Act.

General objective

The purpose of this consultancy is to assess the impact of not having a Child Act and draft a model Child Act.

Specific Objectives

• To assess the impact of absence of a Child Act (comprehensive children’s law) on the protection of children’s rights,
• To garner political will to adopt a Child Act,
• To mobilise all key stakeholders to play their part in supporting the adoption of a Child Act, and
• To seek endorsement of a model Child Act by key decision-makers and stakeholders.

Expected outcomes

• Greater political will to adopt a national Child Act
• Impact assessment report
• Draft model Child Act

Deliverables

1. Inception report with key deliverables and schedule
2. First draft of the impact assessment
3. Final impact assessment report
4. First draft model Child Act
5. Final model Child Act document
6. Validation workshop on the two documents

Methodology and Scope

The consultant is expected to undertake desk reviews of existing documents and studies on the proposed Child Act. The consultant will also conduct KII and/or FGD to understand the issues facing children, judges, public prosecutors, police, key decision-makers, and other stakeholders due to the absence of Child Act (comprehensive children’s law) at the Federal Level. The consultant will work closely with the National Advocacy Advisor, the project coordinator, and relevant staff to ensure the successful completion of the consultancy.

Time frame

The impact assessment and model Child Act should be finalized and submitted within 90 days after signing of the contract. The consultant is required to provide a breakdown of the timeframe specific to the activities that need to be completed. A validation workshop will be conducted after the finalisation of the impact assessment and the model Child Act.

The consultant(s) should have: –

• Master’s degree in law, social science, public policy, and related fields
• Excellent skills in conducting impact assessments
• Proven expertise in developing a legislation
• Good understanding of advocacy and the policy environment of the country.
• Good report writing and analytical skills
• High proficiency in written and spoken English and Amharic languages.