Consultant at ChildFund International

TERMS OF REFERENCE FOR SITUATIONAL ANALYSIS ON RIGHTS OF THE CHILD IN KENYA

1. Background

Children need greater protection and respect for their rights. The world has made huge strides in improving child health, access to education and better nutrition, yet millions of children still die from preventable disease, suffer stunting from hunger, and face abuse, danger and fear. They live amid conflict, are exploited, lack care and are left vulnerable by their families, communities and governments.

Across the world, 0ver 6 million children die each year from preventable causes. Over fifty million remain out of primary school, and many millions more irregularly attend school, or drop out because their families want them to work or are married off while under age. Violence against children is widespread in virtually every society – from corporal punishment, to sexual abuse, to endemic bullying and forced labour.

Results from a National Violence against Children (VAC) status survey carried out in 2010 by the then Ministry of Gender, Children and Social Development in collaboration with Kenya National Bureau of Statistics among other partners revealed high levels of violence prior to age 18 as reported by 18 to 24 year olds (lifetime experiences), where almost half of the children within this category reported having experienced different forms of violence.

Child neglect accounts for the largest number of child protection cases reported at the Department of Children Services, rising from approximately 22,000 to 50,000 cases between 2005- and 2010. It is estimated that 12% of all Kenyan children less than 18 years of age i.e. 1.8 million are orphans. According to Kenyan government estimates, AIDS alone has killed one or both parents of close to one million of the country’s children.   Based on the Kenya Demographic Health survey (KDHS, 2014), 3.4 million Kenyan children are classified as vulnerable. Most of these children are separated from their parents due to parents’ death, poverty, natural disasters and multiple other factors that cause family disintegration.

The world’s governments made a commitment through the SDGs to achieve a better and more sustainable future for all. The goals, which are well interconnected, are aimed at leaving no one behind, and addressing the global challenges faced across the world, including those related to poverty, inequality, climate, environmental degradation, prosperity, and peace and justice.  Kenya has in place a robust framework for the implementation of the SDGs: having mapped each of the 17 SDGs with the Kenya Vision 2030 second MTP objective, a measure aimed at ensuring that the global development framework and its implementation is directly linked to achieving both vision 2030 and the SDGs. Kenya has also established an SDG liaison office within the secretariat of the council of governors. There has however not been   any significant demonstration of commitment towards effectiveness of these structures especially where goals related to achievement of children’s rights are concerned.

The provision of the Kenya constitution (article 53) promotes the protection of children from all forms of violence, inhuman treatment and punishment and hazardous and exploitative labour. Kenya has signed and ratified the UN Convention on the Rights of the Child (UNCRC) and the African Charter on Rights and Welfare of Children (ACRWC) and domesticated these treaties through the Children Act (2001), Kenya submitted the initial, first and second Periodic Reports on UNCRC to the UNCRC Committee, the first report on the UNCESCR and the first Report to the African Union committee of experts on the rights and welfare of the child. Further, Kenya participated in the United Nations General Assembly Special Session on children in 2002 and consented to the World Fit for Children (WFFC) four goals namely; promoting healthy lives, providing quality education, protecting children against abuse exploitation and violence and combating HIV and AIDS. It is of interest therefore to review the level of commitment the country has made towards honouring these commitments.

2. Objective of the study

The study will;

• Provide an up to date situational analysis on the rights of children in Kenya
• Provide a contextual constitutional policy and legislative analysis on child rights situation

(Identify existing policy and legislation, gaps and the implementation status)

3. Guiding principles

The situation analysis will be premised on Article 53 of the Constitution of Kenya and the four pillars of the UNCRC namely:

• Survival
• Development
• Protection
• Participation

4. Guiding questions

The following concepts will guide the situation analysis.

• Describe the context of child rights (gender, socio-economic, political, cultural, geographical, technological)
• Map out stakeholders’ in relation to child rights highlighting key actors, their roles and responsibilities
• Map out the existing constitutional policies and legislative frameworks on child rights.

5. Proposed Methodology

The study will use a participatory approach employing both qualitative and quantitative methodologies including a desk review of existing child rights stakeholders’ reports. The study should identify existing gaps, implementation status and making recommendations in line with the defined objectives.

The consultant(s) will; 

• Develop a clear methodology, tools and include a detailed work plan in executing the various activities expected in this assignment.
• Review existing stakeholders’ reports.
• Ensure a participatory approach in collecting data required for this assignment. 
• Conduct analysis of data obtained and draft a preliminary report.
• Present preliminary findings for validation.
• Compile and submit the final report.

6. Timeframe

The study will take a maximum of 45 working days upon the signing of the contract.

7. Deliverables

At the end of this consultancy, the consultant will be expected to submit the following key deliverables:

• Consolidated situation analysis report.
• Validation workshops report
• Preliminary reports

8. Consultant Profile

The lead consultant must have an advanced degree in any of the following or related disciplines;

• Humanitarian Studies, Development Studies, Community Development, and should have demonstrated experience working and or consulting with International NGOs.
• Research experience in child rights related engagements.
• Proven knowledge and practical experience in quantitative and qualitative research.
• Demonstrated experience in use of child friendly participatory research methods.
• Experience in conducting situational analysis
• Good working knowledge or consultancy work in the targeted Counties
• A person of high integrity; applicants must provide Certificate of Good Conduct.
• Excellent analytical, organizational, facilitating, presentation and communication skills.
• Excellent report writing and presentation skills.