Location: Pristina,CS
Deadline: 12-09-2013
Description
Organization Name: OSCE Mission in Kosovo - Department of Human Rights and Communities
No. of Posts: 1
Background
The extended 2013 project "Increasing responses to gender equality gaps and domestic violence concerns in Kosovo phase II' aims to increase the capacity of public officials and civil society to be more responsive in addressing gender equality gaps and challenges, including domestic violence. Among other activities, this will be achieved by supporting the Kosovo Gender Equality Agency in drafting a commentary on the Kosovo Law No.03/L -182 on Protection against Domestic Violence, as promulgated on July 15, 2010. Further, the aim of this activity is to assist the Kosovo institutions to be more responsive and effective in implementing the Law on Protection against Domestic Violence.
Objective of the assignment
The drafting of the Commentary will be a result of a collective work within a team of two legal experts (a lead consultant/jurist and an assistant consultant/legal practitioner (lawyer, prosecutor or judge)). The overall objective of the assignment of the team of experts is to draft the commentary on the Law on Protection against Domestic Violence. More specifically, the team of experts will be responsible for the following:
- Provide a legal commentary on the Law on Protection against Domestic Violence;
- Research and consult reference materials regarding all articles and provisions of the Law on Protection against Domestic Violence;
- Provide insight and interpretation in the commentary article-by-article, with commentary and references to relevant legislation and case law (including but not limited to case law from courts in Kosovo; case law from the region; case law from the European Court of Human Rights; international human rights law standards and policies);
- Produce a qualitative commentary in a timely manner.
Tasks and Responsibilities
The Assistant consultant/Legal Practitioner is expected to perform the following tasks:
The drafting process will require periodical coordination meetings for consultations and harmonization of the work of both experts in a joint product. The project activity manager will be coordinating the cooperation and coordination with the Agency for Gender Equality and the Kosovo Coordinator on Domestic Violence.
The Assistant consultant/Legal Practitioner shall in particular:
- Meet regularly with the Lead consultant/Jurist to assist the Lead consultant/Jurist in the drafting of the commentary and ensure the overall coherence of the commentary in one joint final document;
- Together with the Lead consultant/Jurist meet regularly with the project activity manager and give updates on the development of the commentary and discuss on-going issues;
- Assist the Lead consultant/Jurist (with a special focus on providing insight on caselaw) in conducting interviews with relevant representatives from the Agency for Gender Equality, Kosovo Coordinator's office on Domestic Violence, Ministry of Justice, Courts, Office of the Prosecutor, Victim's Advocacy and Assistance Office, Kosovo Police and other institutions in order to collect all necessary information;
- Assist the Lead consultant/Jurist (with a special focus on providing insight on caselaw) in drafting the Commentary on the Law on Protection against Domestic Violence that will be reviewed by the OSCE Mission as well as by the Kosovo Agency for Gender Equality before the final version will be provided;
- Assist the Lead consultant/Jurist in providing the final draft of the Commentary on the Law on Protection against Domestic Violence;
- Together with the Lead consultant/Jurist present the final Commentary on the Law on Protection against Domestic Violence to a group of relevant stakeholders.
Expected results and deliverables:
The team of two experts (jurist/expert on drafting and legal practitioner) is expected to:
- Draft a 1st draft of the Commentary on the Law on Protection against Domestic Violence that will be shared with OSCE Mission's Legislative Review section, OSCE Mission's Legal System Monitoring section and the OSCE Office for Democratic Institutions and Human Rights upon which the 2nd draft will be provided;
- Draft a 2nd draft of the Commentary on the Law on Protection against Domestic Violence addressing the comments made on the 1st draft and which will be submitted for linguistic and grammatical review;
- Provide a final Commentary on the Law on Protection against Domestic Violence including the corrections resulting from the linguistic and grammatical review;
- Present the final Commentary on the Law on Protection against Domestic Violence to an expert group of stakeholders.
Timing and reporting:
1. Together with the lead consultant, the proposed methodology (including sources of data and research) and work plan, to be reviewed and endorsed by the project activity manager prior to the commencement of drafting of the Commentary within two (2) weeks of the date of assignment;
2. 1st draft of the Commentary within six (6) weeks of the date of assignment;
3. 2nd draft of the Commentary addressing the comments from the OSCE Mission's Legislative Review section, the OSCE Mission's Legal System Monitoring section and the OSCE Office for Democratic Institutions and Human Rights within nine (9) weeks of the date of assignment;
4. Final draft of the Commentary to ensure its coherence following the linguistic and grammatical review of the 2nd draft within twelve (12) weeks of the date of assignment;
5. Presentation of the Commentary to an expert group of stakeholders within the month of November and/or December.
Necessary Qualifications
- Advanced University degree in Law;
- Minimum of eight (8) years of practical relevant experience as a lawyer, prosecutor and/or judge with a focus on domestic violence;
- Solid knowledge of the legal framework in Kosovo, especially the one pertaining to domestic violence (substantive and procedural, including relevant UNMIK Regulations);
- Extended knowledge of the case law of courts in Kosovo (both criminal and civil) pertaining to domestic violence;
- Knowledge of the case law from the region as well case law from the European Court of Human Rights pertaining to domestic violence;
- Previous experience in drafting commentaries would be an asset;
- Professional fluency in the Albanian language, including excellent drafting skill.
Remuneration Package
Remuneration will depend on the selected consultant's qualifications and experience and will be based on the established OSCE consultancy rates applicable to locally recruited experts/consultants taking in consideration the local salary scale.
The legal expert/consultant will be hired for a period of approximately three 3 months. The tentative date of the assignment will be from 01 October 2013.
How To Apply
In order to apply for this position you must complete the OSCE's online application form, found under http://www.osce.org/employment/43284. Applications received after the published deadline will not be considered. Applicants are encouraged to use the online recruitment and only fully completed OSCE applications will be accepted. However, if you have technical difficulties with the system you may use the offline application form found under http://www.osce.org/employment/43284 and forward the completed form quoting the vacancy number by e-mail to: consultancy.omik@osce.org .
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