National Legal Consultant to support UNICEF Albania office with the development of sub legal acts of the Law on Alternative Care Law

Job no: 585970
Position type: Consultant
Location: Albania
Division/Equivalent: CEE/CIS
School/Unit: Albania
Department/Office: Tirana, Albania
Categories: Social Policy

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UNICEF works in over 190 countries and territories to save children’s lives, defend their rights, and help them fulfill their potential, from early childhood through adolescence.

At UNICEF, we are committed, passionate, and proud of what we do for as long as we are needed. Promoting the rights of every child is not just a job – it is a calling.

UNICEF is a place where careers are built. We offer our staff diverse opportunities for professional and personal development that will help them reinforce a sense of purpose while serving children and communities across the world. We welcome everyone who wants to belong and grow in a diverse and passionate culture., coupled with an attractive compensation and benefits package.

Visit our website to learn more about what we do at UNICEF.

For every child, the right to protection

The Government of Albania has demonstrated a strong commitment to advancing the rights and well-being of children through the development of a comprehensive Law on Family-Based Alternative Care, aligned with the UN Guidelines for the Alternative Care of Children and international best practices. The draft law has been finalized and is currently under public consultation. This new legal framework aims to strengthen the child protection system, promote family and community-based care, and ensure that children without parental care benefit from high-quality, sustainable, and child-centered services.

This initiative represents a major milestone in Albania’s deinstitutionalization reform, marking a critical shift from residential care towards family-based and community-based alternatives. It directly supports the implementation of key national policy frameworks, including the Social Protection Strategy 2024 - 2030, the National Agenda for Children 2021 - 2026, and the Roadmap for Chapter 23 of the EU Acquis. Furthermore, it contributes to the interim benchmarks on child rights under Cluster 1 of Albania’s EU negotiation process, reaffirming the country’s commitment to strengthening child protection and social care services.

To ensure the effective implementation of the Law on Family-Based Alternative Care, the Government, through the Ministry of Health and Social Protection (MoHSP) - will develop and adopt a comprehensive set of sub-legal acts (Decisions of the Council of Ministers and Ministerial Instructions) within six months of the law entering into force. These acts will operationalize the provisions of the law, defining the rules, procedures, and standards required for its enforcement. In this context, UNICEF Albania is seeking a National Legal Consultant to support the MoHSP in drafting the necessary sub-legal acts and accompanying guidance. The consultant will provide technical expertise, legal analysis, and policy recommendations to ensure that the sub-legal framework is coherent, rights-based, and in full compliance with international standards.

The consultant will collaborate closely with the MoHSP and other key stakeholders to prepare sub-legal acts that establish clear gatekeeping mechanisms, quality standards, and monitoring and accountability frameworks aimed at preventing unnecessary family separation and ensuring appropriate care solutions for every child. 

In accordance with the provisions of the draft law, the following sub-legal acts will be prepared and approved within six months from their entry into force:

Decisions of the Council of Ministers (DCMs):

Rules on types of family-based alternative care – defining the categories of alternative care, conditions, and procedures for initiation, provision, and termination. (Article 8, point 5)
  1. Criteria and procedures for providing family - based alternative care services - including application review, registration, training, and multidisciplinary commission operations. (Article 12, point 7)
  2. Licensing of professional foster families - setting the requirements and procedures for families providing professional family-based alternative care. (Article 13, point 2)
  3. Organization and operation of the Family-Based Alternative Care Register - regulating access, data management, and accountability. (Article 14, point 4)
  4. Referral and case management procedures - defining steps for identifying and referring children in need of alternative care. (Article 15, point 3)
  5. Assessment and placement procedures - establishing the rules for assessing and deciding on the placement of a child in family-based care. (Article 17, point 3)
  6. Preparation of the child for placement - outlining procedures to ensure the child’s readiness and smooth transition into family-based care. (Article 21, point 3)
  7. Periodic assessment of the child’s situation - defining tools and procedures for regular monitoring and evaluation. (Article 23, point 5)
  8. Monitoring and inspection procedures - specifying mechanisms for oversight of services and the child’s well-being. (Articles 25 & 26, points 7 and 4)
  9. Licensing and cooperation with civil society organizations - determining rules for NGOs providing alternative care in collaboration with municipalities. (Article 27, point 3)
  10. Financial support measures - establishing financing levels and rules for beneficiaries under family-based alternative care. (Article 32, point 4)
  11. Rules on the organization and functioning of municipal complaint review commissions – setting out procedures for complaint handling and redress. (Article 36, point 4)
 
 
How can you make a difference? 
 
Under the overall guidance of UNICEF Albania and in close coordination with the Ministry of Health and Social Protection (MoHSP), the National Legal Consultant will provide expert legal and policy support in the development of sub-legal acts required for the implementation of the Law on Family-Based Alternative Care.

The consultant will ensure that all sub-legal instruments are fully compliant with the UN Guidelines for the Alternative Care of Children, international human rights standards, and Albania’s national legal and policy framework. The consultant will work in a participatory manner, engaging government bodies, local authorities, civil society, and professional practitioners involved in child protection and alternative care. The consultant will report to the UNICEF Child Protection Officer in charge of alternative care agenda.

The key responsibilities of the consultant will include:

  1. Drafting of Sub-Legal Acts
  • Draft the Decisions of the Council of Ministers (DCMs) and the Ministerial Instruction as required by the law, ensuring that each act includes clear, implementable provisions and aligns with the legal structure and terminology of the primary law.
  • Develop content that operationalizes key elements of the law, including:
    • Gatekeeping and referral procedures to prevent unnecessary family separation.
    • Licensing criteria for professional foster families and civil society providers.
    • Standards of care for quality, safety, and accountability.
    • Monitoring, inspection, and periodic review mechanisms.
    • Organization and functioning of the Alternative Care register
  • Ensure internal consistency among all sub-legal acts and cross-reference with the relevant legal articles and points cited in the Law.

2. Stakeholder Consultation and Coordination

  • Work in close collaboration with:
    • MoHSP, State Social Service, State Agency for the Rights and Protection of the Child, and local government authorities.
    • Civil society organizations, social service providers, and professional associations working in the field of child protection and social care.
    • The Social Worker- National Consultant recruited from UNICEF under the same scope.
  • Organize and facilitate technical consultations, validation meetings, and working sessions with stakeholders to ensure the sub-legal acts reflect practical implementation needs and professional perspectives.
  • Integrate feedback from UNICEF, government, and civil society stakeholders into the final drafts.

3. Validation, Finalization, and Submission

  • Present the draft sub-legal acts to MoHSP and UNICEF Albania for review and technical validation.
  • Facilitate validation workshops with relevant stakeholders to review the proposed framework, gather inputs, and ensure ownership of the process.
  • Revise and finalize all documents based on feedback received during consultations.
  • Submit final, government-ready versions of the DCMs and Ministerial Instruction, including explanatory notes and legal justifications for each act

 
 
 

 Specific deliverables for the consultancy, including timeline for submission and number of days are below:

Deliverable 1: Mapping and Workplan for Drafting Sub-Legal Acts prepared and submitted to UNICEF

Timeline for submission of Deliverable 1: by December 30, 2025 for 5 working days

Deliverable 2: Drafting sub-legal acts (DCMs and Ministerial Instructions) prepared and submitted to UNICEF

Timeline for submission of Deliverable 2: during January - May 2026 for 30 working days

Deliverable 3: Documentation of Stakeholder consultations and validated sub-legal acts

Timeline for submission of Deliverable 3: By June 2026 for 8 working days

Deliverable 4:  Finalized Sub-Legal Acts and respective Explanatory Memorandum for each draft Decision of the Council of Ministers

Timeline for submission of Deliverable 4: June-July 2026 for 7 working days

If you would like to know more about this position and specific tasks under each of the deliverables, please review the complete Job Description here: TOR-ALBA-2025-24 for TMS upload.docx

The consultancy will be home based. If you have any additional questions related to the requirements for this assignment please contact HR focal point at epernaska@unicef.org

To qualify as an advocate for every child you will have… 

Minimum requirements:

  • Education: Master’s degree in Law, Public Policy, International Development, or a related field. A specialization in child protection law, family law, or human rights is preferred
  • Work Experience: 
    • At least 7 years of proven experience in legal drafting and policy development, particularly in the areas of child protection and alternative care.
    • Extensive experience working on national and international legal frameworks related to child rights, social protection, or deinstitutionalization reforms.
    • Experience in conducting legal gap analyses and policy reviews, particularly in the context of EU integration processes and UN standards.
    • Demonstrated ability to work with government stakeholders, civil society organizations, and international partners in developing legal reforms and policy frameworks.
    • Previous experience in drafting laws or legal documents, particularly in the field of alternative care, child protection, or social services, is an asset
  • Language Requirements: Knowledge of English and Albanian

What to submit for the application: 

  1. Cover letter
  2. Updated profile in TMS and latest CV
  3. daily financial offer in ALL (all taxes inclusive)

For every Child, you demonstrate...

UNICEF’s Core Values of Care, Respect, Integrity, Trust and Accountability and Sustainability (CRITAS) underpin everything we do and how we do it. Get acquainted with Our Values Charter: UNICEF Values

The UNICEF competencies required for this post are…

(1) Builds and maintains partnerships

(2) Demonstrates self-awareness and ethical awareness

(3) Drive to achieve results for impact

(4) Innovates and embraces change

(5) Manages ambiguity and complexity

(6) Thinks and acts strategically

(7) Works collaboratively with others 

Familiarize yourself with our competency framework and its different levels.

UNICEF promotes and advocates for the protection of the rights of every child, everywhere, in everything it does and is mandated to support the realization of the rights of every child, including those most disadvantaged, and our global workforce must reflect the diversity of those children. The UNICEF family is committed to include everyone, irrespective of their race/ethnicity, disability, gender identity, sexual orientation, religion, nationality, socio-economic background, minority, or any other status.

UNICEF encourages applications from all qualified candidates, regardless of gender, nationality, religious or ethnic backgrounds, and from people with disabilities, including neurodivergence. We offer a wide range of benefits to our staff, including paid parental leave, breastfeeding breaks and reasonable accommodation for persons with disabilities. UNICEF provides reasonable accommodation throughout the recruitment process. If you require any accommodation, please submit your request through the accessibility email button on the UNICEF Careers webpage Accessibility | UNICEF. Should you be shortlisted, please get in touch with the recruiter directly to share further details, enabling us to make the necessary arrangements in advance.

UNICEF does not hire candidates who are married to children (persons under 18). UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination based on gender, nationality, age, race, sexual orientation, religious or ethnic background or disabilities. UNICEF is committed to promote the protection and safeguarding of all children. All selected candidates will, therefore, undergo rigorous reference and background checks, and will be expected to adhere to these standards and principles. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check, and selected candidates with disabilities may be requested to submit supporting documentation in relation to their disability confidentially.

UNICEF appointments are subject to medical clearance.  Issuance of a visa by the host country of the duty station is required for IP positions and will be facilitated by UNICEF. Appointments may also be subject to inoculation (vaccination) requirements, including against SARS-CoV-2 (Covid). Should you be selected for a position with UNICEF, you either must be inoculated as required or receive a medical exemption from the relevant department of the UN. Otherwise, the selection will be canceled.

Remarks:  

As per Article 101, paragraph 3, of the Charter of the United Nations, the paramount consideration in the employment of the staff is the necessity of securing the highest standards of efficiency, competence, and integrity.

UNICEF is committed to fostering an inclusive, representative, and welcoming workforce. For this position, eligible and suitable [Insert candidates from targeted underrepresented groups] are encouraged to apply.

Government employees who are considered for employment with UNICEF are normally required to resign from their government positions before taking up an assignment with UNICEF. UNICEF reserves the right to withdraw an offer of appointment, without compensation, if a visa or medical clearance is not obtained, or necessary inoculation requirements are not met, within a reasonable period for any reason. 

UNICEF does not charge a processing fee at any stage of its recruitment, selection, and hiring processes (i.e., application stage, interview stage, validation stage, or appointment and training). UNICEF will not ask for applicants’ bank account information.

Humanitarian action is a cross-cutting priority within UNICEF’s Strategic Plan. UNICEF is committed to stay and deliver in humanitarian contexts. Therefore, all staff, at all levels across all functional areas, can be called upon to be deployed to support humanitarian response, contributing to both strengthening resilience of communities and capacity of national authorities.

All UNICEF positions are advertised, and only shortlisted candidates will be contacted and advance to the next stage of the selection process. An internal candidate performing at the level of the post in the relevant functional area, or an internal/external candidate in the corresponding Talent Group, may be selected, if suitable for the post, without assessment of other candidates.

Additional information about working for UNICEF can be found here.

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Application close: Central Europe Standard Time

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