United Kingdom of Great Britain and Northern Ireland: FY19-019 Research on Gender Transformative Child Protection

Terms of Reference: Research on Gender Transformative Child Protection

About Plan International

We strive to advance children’s rights and equality for girls all over the world. As an independent development and humanitarian organisation, we work alongside children, young people, our supporters and partners to tackle the root causes of the challenges facing girls and all vulnerable children. We support children’s rights from birth until they reach adulthood and enable children to prepare for and respond to crises and adversity. We drive changes in practice and policy at local, national and global levels using our reach, experience and knowledge. For over 80 years we have been building powerful partnerships for children, and we are active in over 75 countries.

Research Overview

Plan International's global strategy 2017-2022 commits the organisation to protecting children and young people from violence, with a particular focus on violence against girls:

“vulnerable and excluded children, adolescents and young people – particularly girls and young women – are protected from all forms of violence and the gender dynamics that drive it”.

Under this commitment, Plan International has outlined that we will influence governments to establish legal frameworks and effective, gender-transformative systems that prevent and respond to violence.

Plan International has extensive knowledge of the types of violence children, girls in particular, face around the world, the root causes and drivers of that violence, and has a wealth of experience working with families and communities all over the world to protect children from violence. We know that gender plays a critical role in the way in which girls and boys experience violence. We understand the mechanisms by which girls become more vulnerable to certain types of violence.

One of the key priorities within this area of work is influencing laws and policies for better protection of children and young people from violence and ensuring that child protection systems are gender-transformative. Gender-transformative child protection seeks to challenge gender dynamics, and actively confronts gender norms and unequal gender relations that drive violence against children and hinder effective response systems.

We seek to build upon this knowledge with a two-phased piece of research:

· Phase One will consist of a review of selected systems, legislation and policies in 4 to 8 countries where Plan is present (at least one for each region), in order to understand the gaps in current prevention of and response to gender-based violence against children, and particularly against girls, and to provide conclusions and recommendations to respond to these gaps, outlining to changes needed in order for systems to be gender-transformative.

· Phase Two will consist of developing guidelines for Plan International on developing and implementing our programming and influencing approach on gender-transformative child protection systems.

This TOR speaks only to Phase One. The outcome of Phase 1 will be used as a starting point for Phase Two, which will therefore follow and be developed further once Phase One is complete.

Research objectives and questions

The purpose of this research is to review the differing needs of girls in relation to protection from violence; to understand the current child protection legal and policy frameworks; and to explore the changes that are needed in order to ensure girls are protected from violence. This will enable Plan International to:

a. Understand and articulate the differing protection needs of girls and boys in relation to preventing, investigating, prosecuting perpetrators, supporting survivors and restoration.

b. Outline current best practice with regards to child protection systems, and make recommendations on how these systems can be gender-transformative

c. Articulate a comprehensive legislative and policy approach to preventing and responding to gender-based violence against children

While taking into consideration learnings from the humanitarian context, the focus of this research will be on development contexts only.

The research questions for this work are as follows:

a.Girls’ needs in order to be protected from violence:

a. What are the specific protection needs of girls in different settings (school, cities and home)?

b. What are the specific differences in preventing, investigating, prosecuting perpetrators, and supporting survivors for girls, as compared to women?

b.Current CP systems in a development context and their responsiveness to girls’ needs:

a. In what ways are current CP systems gender blind?

b. In what ways are VAW solutions age blind?

c. What is current best practice for child protection systems?

c.Solutions for gender-transformative child protection:

a. How can child protection systems be modified in order to be gender-transformative?

b. How can legislative and policy frameworks be strengthened in order to prevent and respond to violence against children in a gender-transformative way?

d.Recommendations for action:

a. How can external actors ensure a gender-transformative approach to child protection?

Intended audiences

This research will have the dual purpose of supporting Plan International’s programme development and external advocacy work, with both an internal and external intended audience:

· Internal: to Plan International country offices, national organisations and global and regional hubs working to design and implement gender-transformative child protection programmes, and especially for CP staff

· External:

o To lawmakers and Government representatives responsible for developing and maintaining national child protection systems, to support in making these gender-transformative.

o To key stakeholders working at the national and global level to influence national legislative and policy frameworks on violence against girls.

Research methods and stakeholders

Research methodologies

The research will be based on desk-based methodologies that review and assess the available literature and legal frameworks, as well as Key Informant Interviews conducted both internally with Plan colleagues, and with external stakeholders, including with children and young people.

Research will comprise the following activities:

· Desk-based literature review1 on girls’ protection concerns as compared to boys

· Desk-based review of best practice in programming for preventing and responding to gender-based violence against children

· Desk-based review of best practice child protection systemic approaches

· Review of legislative and policy frameworks currently responding to violence against girls

· Key Informant Interviews with internal and external stakeholders (circa 20 interviews, over Skype)

Ethics and Child Protection

Plan International is committed to ensuring that the rights of those participating in data collection or analysis are respected and protected, in accordance with Ethical MERL Framework and our Child and Youth Safeguarding Policy. All applicants should include details in their proposal on how they will ensure ethics and child protection in the data collection process. Specifically, the consultant(s) shall explain how appropriate, safe, non-discriminatory participation of all stakeholders will be ensured and how special attention will be paid to the needs of children and other vulnerable groups. The consultant(s) shall also explain how confidentiality and anonymity of participants will be guaranteed.

Research products

1. Full literature, legislative & policy review, including an in-depth review of selected national child protection systems in 4 to 8 countries where Plan is currently working (30 pages) (2 rounds of feedback)

2. Provision of all documents utilized in the review

3. Outcome document providing recommendations on where gaps can be addressed in order for child protection systems to be gender transformative for policy and programming (10 pages) (2 rounds of feedback)

4. Externally accessible advocacy briefing (call to action) (4 pages) (2 rounds of feedback)

Roles and responsibilities

Final roles and responsibilities are to be confirmed through contracts and MOUs with each partner. Provisionally:

Consultant will:

· Conduct a desk-based literature review and, in collaboration with the legal firm, incorporate the legislative review

· share initial summary of findings, including outlining how they will search for, identify and assess evidence/documents for inclusion in the review.

· Produce recommendations on best practice

· Presentation of emerging findings

· Final report writing and finalization, including incorporating feedback from reviews by Plan

Legal Firm will:

Pro bono legal firm: DLA Piper, TrustLaw (Thomas Reuters Foundation’s global pro bono legal programme)

· Conduct a policy and legislative review, and feed this into the broader review

· Review laws and policies in 4 to 8 countries where Plan is present to determine how well they take into account a gender- or age- perspective. This includes national legislation on violence against women, national child protection legislation, national legislation on harmful practices, and any other legislation or policy frameworks relevant to addressing the gender dimensions of violence against children.

PLAN INTERNATIONAL WILL:

· Provide the budget (Research)

· Provide overall management of the project (GEGR)

· Provide guidance/oversight on ethics (Research)

· Provide support to processes (all)

· Coordinate collaboration on recommendation development (PAC & GEGR)

· Hire a qualified consultant(s) to conduct research and legal search (GEGR/ Geneva)

· Input into findings and recommendations (all)

· Review final report (all)

Timeline

The main milestones are:

Deadline for applications

11^th April

Interview consultants

Week 23^rd– 26^th April

Contracting

29^th April – 3^rd May

First meeting

6^th May

Consultancy

6^th May – 7^th June

First draft

7^th June

Review

10^th -12^th June

Revise

13^th -17^th June

Final comments and revisions

18^th– 21^st June

Copy edit, summary report

21^st -24^th

Final products agreed

24^th

EXPECTED QUALIFICATIONS

Approximately 30 days have been budgeted for this consultancy, according to the final methodology to be agreed upon through discussion with consultant.

Consultant profile:

• Familiarity with Plan International, or with similar profile development agency

• Proven experience in carrying out qualitative and/or quantitative research initiatives

• Excellent English writing and communication skills

• Experience working with a rights-based approach

• Expertise on child protection/ending violence against children, and gender and inclusion.

• Experience conducting literature reviews and ability to present the results clearly and concisely

• Experience analysing policies and legislative frameworks on child protection

• Experience working on programmes for children, adolescents and youth, with a special focus on girls

• Sensitivity with controversial topics

• Collaborative and considerate of divergent opinions

GENERAL:

• All documents prepared during the assignment will be treated as Plan International’s property.

• The assignment will not be sub-contracted to anyone.

• In the event that additional time is required to complete the contract, over and above that previously agreed to, without changing the scope of work, then it has to be agreed by Plan International in writing.

• In case of any change made, in the scope of work by Plan International because of an increase or decrease in the cost or time required for performance or any part of the work under the contract, equitable adjustment in the contract price, delivery schedule, or both will be amended in writing.

• Confidentiality of all the assignment will be assured at all times.

• Copyright in the work product of the assignment will rest with Plan International.

CONTACTS

For any questions, please contact procurement@plan-international.org

APPLICATIONS

Interested consultants should send a CV and a brief biography of the relevant experience and submit a proposal of max 3-4 pages describing:

· how you meet the consultant specification;

· your understanding of the purpose and how you would conduct the process outlined above, ensuring it is highly effective;

· any comments on the process and objectives;

· a summary budget and if you are able to meet the deadline.

Please send your application to Plan International Procurement@plan-international.org by 11^th April referencing “***Research for Gender Transformative Child Protection***” in the subject line and including support documents as outlined.

Annex: Background to The Issue

Prevalence

For too many children, violence remains a harsh reality in their daily lives, as they move between the places where they live, learn, play and develop into adults. Global estimates show that at least three out of every four children had experienced interpersonal violence in a previous year. According to the World Health Organization (WHO), at least one girl in three has experienced violence in her lifetime. More specifically:

· Girls are particularly vulnerable to sexual violence, the lifetime prevalence of childhood sexual abuse for girls being 18%, compared to 8% for boys[i]**, but both girls and boys underreport sexual violence**;

· Globally, nearly one in three adolescent girls aged 15 to 19 (84 million) have been the victims of combined emotional, physical and/or sexual violence perpetrated by their husbands or partners[ii];

· It is estimated that 120 million girls globally – approximately one in ten – have experienced rape or other forced sexual acts[iii];

Root causes

Girls face the double burden of age- and gender-based discrimination at every stage of their lives. Gender norms intersect with norms around childhood and render girls particularly susceptible to violence as they grow up and transition into adulthood.

Violence against girls is driven by deeply entrenched social norms that support the unequal and low status of women and children. A tolerance of patriarchy, male dominance, power and privilege in society fosters a culture that also often justifies or legitimises violence against women and children. Social norms that consider girls and women as inferior to men and boys and support notions of male power and female subordination render men and boys the most likely perpetrators of violence against women and girls.

One of the gender-related social norms linked to masculinities is about the use of violence. Across the world, boys are often raised and even encouraged to use violence of a way of asserting their masculinity, conforming to socially recognized manhood, and reinforcing patriarchal power. This is why working with boys and families from early childhood is critical to promoting healthy and nontoxic masculinities and breaking the cycle of violence.

Types of violence against girls

Plan International defines gender-based violence (GBV) as violence directed against girls, boys, women or men because of their biological sex, gender identity or sexual orientation. Such violence is intended to maintain gender inequalities and reinforce traditional gender roles for both women and men. Any type of violence (e.g. physical, sexual or psychological) can therefore constitute GBV. Sexual violence is one form of GBV, but the two terms are not synonymous.

Girls face differing forms of violence to boys, and girls and women face more violence in their lifetimes than boys and men. Such violence occurs in many settings, including those where girls should be safe and nurtured — at home; travelling to, from and within school; in their communities; and in situations of humanitarian emergency, forced displacement, or post-conflict settings. Girls are more likely to experience sexual violence, intimate partner violence (both physical and sexual), harmful practices such as child marriage or female genital mutilation/cutting (FGM/C), sexual harassment, and trafficking for both purposes of sexual exploitation and child labour. Other forms of GBV against girls include gender-based sex selection, differential access to food and services, dowry and bride price related abuse, acid attacks, so-called ‘honour’ killing, and deprivation of inheritance or property.

The gendered differences with regards to violence against girls are not limited to the types of violence experienced; girls’ and boys’ experiences of violence differ within single categories of violence. For example, boys and girls are exposed to bullying at similar rates,[iv] but boys are more often perpetrators than girls[v], and the type of bullying that girls and boys experience is different: girls more often experience psychological bullying[vi] such as gossip and name-calling and boys more often experience physical bullying.[vii] Conformity with heterosexual gender norms also affects who gets bullied[viii] and homophobic bullying (i.e., bullying related to perceived or real non-heterosexual gender identities) especially often crosses the line into sexual harassment.[ix]

Making girls visible

Plan International, in its work, has observed that girls’ needs are too often marginalised within those of “all children” or “women and girls”. Plan International’s experience shows that when girls’ rights are grouped with children’s rights or women’s rights, their unique, specific vulnerability and lived inequalities resulting from being both children and female are overlooked, with serious consequences.

Addressing violence against girls – and indeed all children - calls for responses that explicitly take into account gender-based differences and drivers of violence. Gender influences the way in which different kinds of violence are perpetrated, the ways these are experienced and responded to. In the specific case of gender-based violence, harmful acts are carried out on the basis of socially-ascribed differences between males and females.[x]

The research gap in this area is significant.[xi] Much of the research exploring the gender dimensions of child protection, or the intersection of gender and violence against children, focus on the impact of witnessing intimate partner violence (IPV) or domestic violence on children, or for example, on the gendered experiences of fathers and mothers when dealing with child protection systems in cases of child abuse[xii]. Very little evidence exists on how to render services in the child protection field more gender-responsive or how to apply learnings from the violence against women (VAW) field to cases of violence against girls.

Emergency situations

Incorporation of gender dynamics is a critical area to be given due attention before, during and after the occurrence of any crisis situations involving violence, in development and humanitarian settings alike. The very basic measures include capturing different needs of boys and girls during rapid need assessments; measuring the capacities and vulnerabilities of girls and boys and reflecting in-depth on how gender socialization impact both on girls and boys. In displacement scenarios, girls and boys may experience serious child protection issues, whether within camp settings, or while settling temporarily with host communities. Safety measures should be in place for girls and boys as well, particularly the youngest ones, and it should be recognised that due to the gender norms and stereotypes boys seldom open up and report if they face any sexual abuse or harassment.

Bridging the gap between child protection and VAW

The phenomenon of violence against children and the child protection solutions and systems developed to address it have traditionally been seen as gender neutral. While the specific forms of violence against girls was widely recognized, the movement to address VAC in general did not seem to take into account gender as a critical dynamic in children's experience of violence. The INSPIRE package on ending violence against children[xiii] launched in 2016 represents an important departure from this trend, where changing norms and values (especially gender-related norms) have been identified as one of the seven key strategies needed to end VAC. However, the framework does not acknowledge gender dimensions in its section on response and support services.

On the flip side, solutions and services to address violence against women have clearly been stronger on taking into account the gendered dynamics of violence against women and how to address the issue from a gendered perspective. However, age has often not been taken into account, such systems have not been adapted for girl victims of violence.

Spotlight issue: Violence in the home

It is increasingly acknowledged that a substantial proportion of children are sexually harassed and violated by the people closest to them. When examining violence within the family, corporal punishment, and physical and sexual violence by family members and close friends are often cited. While these forms of violence are widespread, there is relatively little acknowledgement of intimate partner violence committed against a girl herself. This type of violence can take several forms. We have more "traditional” cases of sexual exploitation, where, for example, an older man or boy may “groom” a girl (either in the real world or online), making her believe that they are romantically involved, however, for the purposes of sexual abuse. However, there are also many cases of adolescent girls becoming victims of physical or sexual violence on the part of their boyfriend or romantic partner. Furthermore, studies have demonstrated that girls in early and forced marriages are more vulnerable to violence because of the unequal power dynamics involved in being married to an older man.[xiv]

Spotlight issue: Access to justice

Children face common obstacles to seeking justice and navigating complex legal systems, including a lack of knowledge about their rights and how to access them; inability to bring a claim without parental consent; fear of stigma, of not being believed and being blamed; re-victimisation through the justice system; and a lack of child-friendly services[xv] that adequately safeguard their rights. Many countries do not have specialised judges, prosecutors, lawyers and other personnel qualified to work with children, and lack the resources to provide the requisite training. The result is that the institutions of the justice system, including the police and courts, are often poorly equipped to deal with the situation of children and their specific vulnerabilities. Access to justice is even further out of reach for girls in situations of conflict and emergency, where adolescent girls also face higher risks of physical and sexual violence, rape, abuse, early marriage and abduction[xvi].

[1] Opcit Research --> conducted research on domestic sexual abuse of girls, published 2018

[i] Stoltenborgh MA et al: A global perspective on child sexual abuse: Meta-analysis of prevalence around the world. Child Maltreatment, 2011.

[ii] Ending violence against children: six strategies for action. New York, Unicef, 2014

[iii] UNICEF, ‘Hidden in Plain Sight: A Statistical Analysis of Violence against Children’, 2014. p. 167. http://files.unicef.org/publications/files/Hidden_in_plain_sight_statistical_analysis_EN_3_Sept_2014.pdf

[iv] Due, P et al, Bullying and Symptoms among the School-Aged Children: International Comparative Cross Section Study in 28 Countries, European Journal of Public Health, 2005

[v] Hussein, MH (2010). The Peer Interaction in Primary School Questionnaire: Testing for Measurement Equivalences and Latent Mean Differences in Bullying between Genders in Egypt.

[vi] Carrera-Fernandez, M et al (2013): Bullying among Spanish Secondary Education Students: The Role of Gender Traits, Sexism and Homophobia, Journal of Interpersonal Violence

[vii] Roman, M et al (2011): Latin America: School Bullying and Academic Achievement, Cepal Review

[viii] Drury, K et al (2013): Victimization and Gender Identity in Single-sex and Mixed-sex Schools: Examining Contextual Variations in Pressure to Conform to Gender Norms

[ix] Bisika, T et al (2009): Gender Violence and Education in Malawi: A Study of Violence against Girls as an Obstruction to Universal Primary School Education. Journal of Gender Studies.

[x] UNICEF: Child protection from violence, exploitation and Abuse. Gender based violence in emergencies, 2012

[xi] Plan International. ”Gender-Transformative Child Protection: an annotated bibliography.” 2018.

[xii] Featherstone, B. ”Why gender matters in child welfare and protection”. 2006. Critical Social Policy Ltd 0261–0183 87 Vol. 26(2): 294–314.

[xiii] WHO. ”INSPIRE: Seven strategies for ending violence against children.” 2016.

[xiv] UNFPA. ” Marrying Too Young: End child marriage”. 2012.

[xv] Equality Now. Learning from Cases of Girls’ Rights. 2014. http://www.equalitynow.org/sites/default/files/Learning_From_Cases_of_Girls_Rights_v2.pdf

[xvi] Women’s Refugee Commission. I’m Here: Adolescent Girls in Emergencies Report. 2014 (Modified 2015). https://womensrefugeecommission.org/resources/document/1078-i-m-here-report-final-pdf

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