ToR Situational Analysis of Children in Conflict with the law in Judicial and non- Judicial Procedures Consultancy At Land of men

ToR Situational Analysis of Children in Conflict with the law in Judicial and non- Judicial Procedures Consultancy

Terre des hommes (Tdh) Jordan is seeking to contract a national professional technical consultant or a team of consultants, who display the human, ethical, technical and legal capacities to carry out the assessment of the situation of the child in conflict with the law during the Judicial and non-Judicial procedures in the Criminal, sharia and State Security courts

1. Organization and Context background information

Terre des hommes Jordan (Tdh) was established in 2007 in response to the Iraqi refugee crisis. Since then, the program has evolved into responding to various emergencies that have afflicted the country at different periods in time, including the Syrian refugee crisis. In 2013 the organization established a Juvenile Justice program, focused on protecting the rights of children in conflict with the law aiming to create a child friendly juvenile justice system in Jordan. Currently the program works with the Syrian refugees’ camps, urban Syrian refugees and vulnerable host communities through several child focused interventions.

Access to Justice (A2J)

Children and youth in Jordan account for more than half of the population. The Access to Justice Program in Jordan focuses on supporting children, youth and their families, as well as civil society actors and justice governmental stakeholders in upholding youth and child’s rights. It applies restorative, desistance, gender, and resilience-based approaches in the development and improvement of child and youth justice systems, through the coordination among Justice actors, improve capacities based on needs assessment, and creation of Knowledge. Tdh thrives to enhance the Justice system in Jordan to be more aligned with the National and International Legal frameworks, this has been achieved through the long- standing advocacy and capacity building on restorative justice approaches such as the Settlement Procedures, the Alternative to detention measures among others.

1. Objective and deliverables of this assignment

Objectives:

Under this consultancy, Tdh will conduct a situational analysis for children in conflict with the law (alleged offenders, offenders) during the Judicial and non- judicial stages which is essential in identifying gaps, needs and areas of intervention needed throughout the different stages to ensure fair trial guarantees, the application of the restorative justice approaches, and aftercare . The findings of the analysis will be presented to the relevant national and International Stakeholders to discuss recommendations and areas of intervention among different stakeholders working in the Juvenile Justice. The situation analysis will cover the legal procedures, best practices and refferrals before the criminal jurisdiction (Family protection and juvenile department, Juvenile courts, and state security court ) and the Personal status jurisdiction

The consultant is expected to cover the following points as deliverables through the collection of data and analysis of findings in reference to the Jordanian Juvenile law and the personal status law and all related law articles:

1. Assess the two jurisdictions’ legal processes during the arrest and detention in the training and rehabilitation centers and before the FPJD and the Juvenile court, and upon release to determine whether they are child-centered, apply and respect children’s rights, activate restorative justice approaches, implement the main trial guarantees, and to assess the level of coordination and referral mechanisms between the two jurisdictions. This should be explored through interviews with the Justice actors, arrested, detained and released children from the TRCs
2. Based on the results of the situational analysis, determine any gaps or difficulties in the application of the articles on juvenile law, personal status legislation, and related laws and regulations, as well as the underlying reasons of these issues.
3. The situation of children in conflict with the law before the state security court . The assessment should tackle the legal procedures for state security cases for children in conflict with the law, provision of legal aid, access to rehabilitation services for cases of drugs, detention conditions and interactions allowed, the legal guarantees for a fair trial for children in drugs and terrorism cases and the capacity of the judges to deal or enforce restorative justice approaches.
4. Solid recommendations on areas of interventions aiming in strengthening the systems working with children in conflict with the law that include Criminal, Sharia and State Security Courts.

Deliverables:

The consultant should be working on the following deliverables throughout the consultancy period and with intensive follow up and technical review provided by the Access to Justice team of Tdh:

• Updated workplan of the consultancy upon signing the agreement with clear timelines, Tdh has to approve the workplan and timeline.
• Inception Report: that clarifies the Analysis methodology, including the design of tools and instruments for data collection (KIIs, FGDs), it would be recommended to add the budget breakdown of the running costs of data collection which should be covered by the consultant (transportation) and any other anticipated costs during the consultancy period.
• Desk Review Assessment Report: The consultant will deliver a desk review assessment report, which should include specific recommendations for the qualitative study in comparison to the Jordanian Juvenile Law.
• Raw Data Collection: The consultant will submit both electronic and hard copies of all raw data collected during the assignment, ensuring data integrity and proper documentation.
• Situation Analysis report that presents the findings of the primary and secondary data and the designated recommendations of the consultant based on their field of expertise in the legal frameworks both national and international.
• Facilitate a workshop to share findings of the assessment with national justice actors; the feedback obtained from the workshop should be reflected on the assessment if found valid.
• Final Report in Arabic and English, not to exceed 30 pages.

Note: All deliverables and materials should be submitted in Arabic and English.

1.Modalities and Timeline

The assessment is proposed for completion within the period from February 23rd, 2025- April 24th, 2025 for 40 working days (excluding holidays).

Modality of work:

The consultant(s) will employ a mix of methods, including:

• Desk review of relevant documents and studies (in English and Arabic), including data from Governmental and justice institutions.
• Key Informant Interviews (KIIs) with Justice actors that will involve members of the Judicial Council from both Criminal, Sharia and State Security courts.
• Focus Group Discussions (FGDs) with target groups (if required). Research Tools and Validation: Consultants will design and propose appropriate research methods and tools as part of their proposal. These tools will be validated with input from Tdh to ensure alignment with study objectives.

2.Requirements for the expert

• Minimum master’s degree in law
• Technical expertise in criminal law and demonstrated experience in working the Juvenile Justice System in Jordan.
• Demonstrable experience in academic research and policy papers
• Fluent in Arabic

3.Application procedure

For interested applicants, please send your full proposal to jor.tenders@tdh.ch that includes:

• A detailed methodology of the consultancy.
• Detailed timeline and workplan of the consultancy within the proposed period.
• A detailed budget that covers the costs of the data collection process by the consultant.

P.S.: please title your application with the title of this consultancy.

4.Ethical considerations

The consultant/consulting agency must sign the Terre des hommes Child Safeguarding Policy and Code of Conduct and be willing to adhere to its principles and expected practices. If a breach of the policy or code of conduct takes place the consultancy will be terminated immediately without any financial burden on Tdh.

5.Disclaimer on copyright, data protection

All documents, project designs, drawings, data and information shall be treated as confidential and shall not without the written approval of Tdh be made available to any third party. In addition, the consultant(s) formally undertakes not to disclose any parts of the confidential information and shall not, without the written approval of Tdh be made available to any third party. The utilization of the report is solely at the decision and discretion of Tdh. All the documents containing both raw data/materials provided by Tdh and final report, both soft and hard copies are to be returned to Tdh upon completion of the assignment. All documentation and reports written as, and as a result of the research or otherwise related to it, shall remain the property of Tdh. No part of the report shall be reproduced except with the prior, expressed and specific written permission of Tdh.