Consultant-International scoping and analysis of social work law

TERMS OF REFERENCE

International scoping and analysis of social work law

A. Background

HelpAge began a policy-oriented project funded by the LIFT donor consortium in 2014, called Strengthening the Ministry of Social Welfare To Fulfil Its Role in Expanding Social Protection. The project aims to help build the capacity of the Ministry of Social Welfare, Relief and Resettlement (MSWRR) to clarify its mandate on social protection as a whole and make informed decisions in relation to specific programmes, particularly its new universal social pension scheme.

In December 2014, Myanmar’s government approved the National Social Protection Strategic Plan. In support, in 2018 a five-year costed sector plan for social protection was approved. These strategic documents proposed eight flagship schemes including four cash transfers and an integrated social protection system (ISPS). The ISPS would assess and respond to the needs of vulnerable individuals and families and would aim to strengthen Myanmar’s existing practice and structures supporting social work and case management. MSWRR is also considering the possibility of establishing a graduate social work institute to strengthen human resource capacities. There is policy support but limited legal foundation for these new directions.

The Department of Social Welfare (DSW) of MSWRR has expressed interest in building stronger legal foundations to underpin new developments in Myanmar. For example, laws under consideration would support social assistance and social work. DSW has hosted previous events with other ministries and development partners on the need for legal underpinnings for a social assistance law. A social assistance law has now been drafted and is expected to be submitted to parliament in 2021. DSW has now asked for technical support in understanding how other countries have approached law supporting social work. DSW first needs to consider the possible purpose and scope of such a law, and the government can draw on expertise from other countries in the region. This support will therefore take place in two phases: (1) a scanning and analysis of how other countries have handled social work law, to be undertaken by an international consultant; followed by (2) an assessment of key issues for the Myanmar context, to be undertaken by a Myanmar national consultant. This TOR is related to the first phase.

B. Purpose of the assignment

The purpose of this assignment is to scan the horizon for laws related to social work, then analyze the experience of other countries and the critical decisions a government needs to make in drafting such law.

C. Specific steps

The Consultant will carry out the following steps and produce the Output under Section D:

· Reflect on a plan for the assignment and discuss by distance with the Myanmar team as needed along the way.

· Agree with HelpAge on an outline for the Output in section D below.

· Review secondary evidence: assessments, articles or studies on social work laws as a category.

· Conduct a scoping review of laws relevant to the assignment and search online for the related legal instruments. Note any countries or experts taking special interest in this area. Start with ASEAN and Asia, but then move to other regions if they have introduced good practice or innovation.

· Review the legal instruments and analyze their provisions, scope, strengths and limitations.

· Produce the Output and revise based on feedback if necessary.

D. Outputs

The Consultant will produce the following Output:

Summary analysis with attachments. This will be brief analysis of about 10-15 pages plus attachments as needed. This analytical document should provide a picture of how other countries have approached the issue of legal underpinnings for social work. Why is a law critical to social work in a country? Assess pros/cons of amending existing laws or making new laws, and whether they should be wide or narrow in scope. The report should pick out common provisions in relevant laws and any key points of decision for the government. Attachments should include electronic copies of 6-10 laws considered to contain aspects of good practice. A notional structure for the report, which can be revised later together with HelpAge, is as follows:

1. Background and purpose of the paper (about 1 page)
2. Rationale for a law on social work or legal revision (2-3 pages)
3. Scope of laws on social work: options (2-3 pages)
4. National approaches to laws on social work, and pros/cons (3-4 pages)
5. Critical points of decision for a government considering a law on social work (1-2 pages)
6. Conclusions and recommendations (1 page)

Attachments

E. Time requirements and duration

Below is an expected timeline of the assessment (phase 1 study):

• Second half November 2020: Consultant appointed
• First half December: Preliminary discussions held and outline submitted
• Second half January 2021: Full draft of Output submitted
• Mid-February: Assignment completed

Note: Phase 2 of the study by a Myanmar national consultant, to be commissioned separately, would start in early 2021 to overlap with this phase 1 international study.

F. Qualifications of Consultant

HelpAge anticipates hiring a Consultant the following qualifications:

Essential

• Advanced degree(s) in a field relevant to the nature of the study

• Demonstrable experience and knowledge related to social work theory and practice

• Knowledge of social work systems and implementation arrangements

• Demonstrable experience conducting similar assignments

• Strong research and literature scanning skills

• Exceptional analysis and summarizing skills

• Appropriate IT skills

• Strong writing skills in English with a clear, simple writing style

Desirable

• In-depth knowledge of social work legal instruments

• Knowledge of public social work systems and practices in Asia

• Familiarity with Myanmar’s social context