Experts required to develop civil society guide on ex-post legislative impact analysis with a LGBT+ lens

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Experts required to develop civil society guide on ex-post legislative impact analysis with a LGBT+ lens

November 30th, 2020

Terms of reference

  • Title: Adaptation of PLS Guide for CSOs and with LGBT+ lens 
  • Project location: Remote
  • Application deadline: Monday 14 December 2020
  • Language(s) required: English
  • Start of contract: ASAP
  • End of contract: 12 February 2021
  • Contract value: £7,000 (with maximum of £10,000)

Project context

Westminster Foundation for Democracy (WFD) is delivering in partnership with Kaleidoscope Trust, a six-month programme funded by the FCDO, to work with decision-makers and civic actors to make progress towards advancing gender equality and LGBT+ inclusion. This programme will be delivered across 13 Commonwealth countries in Africa, Eastern Caribbean, Asia and the Pacific that retain laws and policies that discriminate against women, girls and LGBT+ people.

Post-Legislative Scrutiny (PLS) is a flagship methodology supported by WFD to be used with parliaments and parliamentary committees to conduct a technical assessment of the enactment of a law with a broad scope to also assess the impact of a law (De Vrieze, 2017, 2018a, 2018b, 2019, 2020a and 2020b). WFD has supported this methodology in countries ranging from Myanmar, Indonesia and Nepal, to the Western Balkans; and in 2020 developed an additional assessment framework integrating a gender lens to PLS. Adding a gender perspective to the scrutiny assesses whether legislation has produced (positive or negative, unintended or unexpected) impacts on gender results and outcomes (Mousmouti 2020a, 2020b, 2020c, 2020d).

This methodology, while originally targeted for use by legislatures, has the potential to be adapted for use by civil society organisations (CSOs) and activists so that a strong evidence-base on the impact and implementation of legislation both intentionally and unintentionally discriminatory, can be used to bolster advocacy efforts for greater equality. In addition, this programme by WFD and Kaleidoscope Trust will develop more specific guidance on how this PLS methodology can be used by agencies or institutions relevant to the protection of LGBT+ rights, to assess secondary legislation relevant to LGBT+ persons, challenges around LGBT+ relevant data, confidentiality and involvement of LGBT+ persons in the legislative process and assessing the application of national legislation in view of international commitments regarding LGBT+ rights.

As a result of this assignment, interested CSOs will have a tool at hand to probe a piece of existing legislation, and show, ideally with evidence, to lawmakers and policy makers that a person can and in some cases has experienced multiple discriminations because of the way that the legislation is framed. This will provide an avenue to put forward alternative recommendations for how the law could be reformed in order to address this.

Scope of work

  1. To adapt the existing ‘A Guide for Post-Legislative Scrutiny’ for use by civil society organisations who would like to undertake an ex-post legislative impact analysis to build an evidence base for use in advocacy with parliaments and decision-makers. The adaptation should focus on the 18 steps set out in the existing Guide and modifying these. The guide will be available for use by all CSOs, however testing of the guide will be targeted at LGBT+ CSOs. The guide should take into account this mixed target group.
  2. To incorporate into the PLS Guide an analytical lens that is sensitive to LGBT+ citizens. This should include an outline of criteria for the identification of legislation to be reviewed. This will include a matrix to identify legislation that is discriminatory as well as facilitates gender equality. Reference should be made to how different legal systems impact gender equality.
  3. To add a bibliography of (academic, policy and practitioners) resources on legislative impact assessment as considered relevant from a gender and LGBT+ perspective. The bibliography should prioritize and include the hyperlinks to oneline accessible resources.

The guide will be piloted with civil society organisations during the programme implementation period and consideration should be given to operationalising the guide during the COVID-19 pandemic and remote/hybrid delivery.

Deliverables

A document in English which adapts the existing 2017 ‘A Guide for Post-Legislative Scrutiny’ for use by civil society and with an LGBT+ sensitive lens.

The document should specifically address how to operate within the COVID-19 pandemic environment and delivering remotely.

Qualifications

Relevant Work Experience:

Essential

  • Extensive experience working with parliaments and/or legislative processes including but not limited to experience on scrutiny of legislation and committee processes, legislative impact analysis.
  • Understanding of how legislation is applied and reviewed in different legal systems.
  • Experience working with politically active civil society on engagement with parliament, parliamentarians and decision-makers.
  • Understanding of legislative impact analyses.
  • Experience undertaking analysis using an intersectional or gender-sensitive lens.
  • Experience developing training materials and resources for use by civil society.

Technical/Functional Competencies:

  • Excellent analytical and research skills;
  • Experience in verifying and tracking unofficial data;
  • Strong understanding of and commitment to gender equality and women’s and LGBT+ empowerment and its policy implications;
  • Excellent writing skills;
  • Excellent organisational skills;
  • Excellent knowledge and strong experience of using computer office tools and statistical software;
  • Strong understanding of adult learning and instruction delivery techniques;
  • Familiarity with results-based programme management and human rights-based programming will be an asset.

Reference resources:

De Vrieze (2017), Comparative Study on Post-Legislative Scrutiny, London, WFD, 56 p.

De Vrieze (2018a), Guide for Parliaments on Post-Legislative Scrutiny, London, WFD, 52 p.

De Vrieze (2018b), Principles for Post-Legislative Scrutiny by Parliament, London, WFD, 13 p.

De Vrieze (2019), Introduction to Post-Legislative Scrutiny. European Journal of Law Reform, Vol. 21, No. 2, 2019, p. 84-86.

De Vrieze (2020a), Post-legislative scrutiny in Europe: how the oversight on implementation of legislation by parliaments in Europe is getting stronger, WFD

De Vrieze (2020b), The significance of post-legislative scrutiny, Journal of Legislative Studies, Vol 26 (3), 2020, p. 349-361

Mousmouti (2020a), Gender-sensitive Post-Legislative Scrutiny – policy paper, WFD

Mousmouti (2020b), Gender-sensitive Post-Legislative Scrutiny of general legislation – case-study 1, WFD

Mousmouti (2020c), Gender-sensitive Post-Legislative Scrutiny of gender specific legislation – case-study 2, WFD

Mousmouti (2020d), Gender-sensitive Post-Legislative Scrutiny and data – case-study 3, WFD

Proposal Submission

Please submit application letter, CV, technical and financial proposal to Sophia Fernandes, Senior Adviser Political Inclusion WFD, Sophia.Fernandes@wfd.org by 23:59 GMT Monday 14 December 2020.

Proposals by an individual or a team of two individuals are welcome.

For queries, please contact Sophia.Fernandes@wfd.org