GFPREQ01720 – CONSULTANCY TO DEVELOP AND DIGITALIZE LEGAL LITERACY MATERIALS THAT ARE USER FRIENDLY FOR PEOPLE WITH DISABILITIES (PWD) At Kenya Red Cross


1.2 Description of the project

Kenya Red Cross Society (KRCS) is the non-state Principal Recipient (PR) for the Global Fund HIV Grant, running from July 2021 to June 2024 (NFM3). The goal of the grant is to contribute to the attainment of universal health coverage through comprehensive HIV prevention, treatment and care for all people in Kenya while the objectives is to reduce new HIV infections by 75% and reduce AIDs related mortality by 50%.

One of the modules that KRCS will be implementing under the HIV grant is Reducing human rights-related barriers to HIV/TB services. Despite the strong national and international legal frameworks and commitments to the protection of human rights, Kenya still faces challenges. There remain human rights, gender and age-related barriers to HIV and TB services in Kenya. It is important to note that while the overall stigma index for Kenya in 2014 was 45% the findings of the current PLHIV stigma survey index is at 23.28% of PLHIV. Notably, the current PLHIV stigma index survey used a standard tool generated by the global partnership on stigma index (GNP, ICW, IPPF and UNAIDS)

The Constitution of Kenya 2010 which is the supreme law of the land. Article 54 (1) (e) provides that a person with disability is entitled to access to materials and devices to overcome constrains arising from the persons’ disability. This Article directly correlates with the project. Persons with Disabilities Act, 2003. This is an Act of Parliament that advocates for the rights of persons with disability. The Act is the leading legislation that advocates for human rights in relation to PWD which the project seeks to cover.

Legal literacy connotes the knowledge of the primary level in law. When the citizens (particularly marginalized or underprivileged groups) become aware of the rights provided to them by law, they can use such awareness as a tool to access justice as such awareness can transform their lives.

1.3 Problem statement

Access to justice is a fundamental right, as well as a prerequisite for the protection of all other human rights. Persons with disabilities encounter considerable obstacles in terms of access to justice. Barriers and impediments often involve combined forms of inaccessibility and other forms of discrimination. Legal barriers to justice for persons with disabilities exclusion of the considerations of PWD in law and policy documents and non-adherence to existing international policies and treaties in support for PWD include instances where the rights of persons with disabilities are not enshrined in law, and or where law, policy or practice are inconsistent with/contrary to some articles of the (CRPD) Convention on the Rights of Persons with Disabilities. The Committee on the Rights of Persons with Disabilities is the body of independent experts which monitors implementation of the Convention by the States Parties.

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Negative attitudes and societal norms on the part of relevant actors, including law enforcers and implementers, may result in persons with disabilities being degraded while seeking legal redress and or justice– including when reporting a crime, in terms of whether one can serve as a witness or in making legal decisions, seeking remedies for alleged violations of their rights, or otherwise participating in legal proceedings. Minimal and or lack of knowledge thereof by the PWD communities with regard to their rights hinders them from seeking justice.

Access to justice for persons with disabilities can be impeded where measures to take care of their impairments or inclusions have not been taken into consideration. This includes ensuring the accessibility of relevant physical environments, including court houses, police stations, offices of lawyers and relevant service providers such as victims’ advocates and health care facilities where forensic evidence is gathered. Moreover, quite often persons with disabilities are also excluded from key roles in the justice system as lawyers, judges or members of a jury. At a symbolic level, lack of physical accessibility (or segregated accommodations for persons with disabilities, for instance, a ramp at the back of a building) can make persons with disabilities feel excluded, and thus discourage them from pursuing justice.

Legal awareness is the foundation for increasing/improving accessing to justice for persons with disabilities. The poor and other disadvantaged people may not seek remedies for injustice when they do not know what their rights and entitlements are under the law. Information on remedies for injustice must be intelligible to the public and knowledge provided to them must serve their practical purposes. Yet, many persons with disabilities (and those who support them) still do not have a clear understanding of relevant legal information. They often face questions such as who to refer to for help; what procedures or remedies can and should be pursued; or how much time, effort and money will the dispute resolution process take.

1.4 Current situation

The World Disability Report 2011 puts persons with disability to constitute 15% of the general population. KNBS also puts the overall disability rate in Kenya is 4.6% which translates to 1.7 million Persons with disabilities. Some numbers are available, although these do not give an accurate picture of the number of disabled people living in the country. Kenyan population of approximately 47.6 Million as per the Kenya Population and Housing Census, 2019. That should translate to around 50 Million as at 2021. Further, the national census indicates that 2.2% of the national population (0.9 Million) reported to be having some form of disability. Many persons with disability in Kenya, as in most developing countries in the world, live in poverty, have limited opportunities for accessing education, health, suitable housing and employment opportunities.

Access to justice, as a fundamental right in itself and as a precondition of the enjoyment of all other rights, is especially crucial for this category of vulnerable persons, and provides a unique tool to counter the discrimination (and often disrespect, lack of dignity or even violence) that they face. Paradoxically, however, those who need effective access to justice most are the ones frequently encountering barriers to it. Persons with disabilities often face many barriers accessing justice as in most developing countries in the world, live in poverty, have limited opportunities for accessing education, health, suitable housing and employment opportunities. Even if not directly linked to how legal proceedings unfold, general legal discrimination against persons with disabilities has both symbolic and practical implications for access to justice. Legal exclusion from social, economic or political participation sends a message that persons with disabilities should not ‘bother’ trying to access any state institutions — including the justice system — for their benefit.

The relationship between poverty and access to justice is in some respects rather straightforward. If an individual has limited financial ability, they are likely focused on basic survival and thus have little time and resources to pursue costly and/or lengthy legal proceedings, and engage and pay for quality legal counsel services. Unfortunately, lack of financial resources usually leads to increased vulnerability to exploitation, and the necessity of access to justice becomes correspondingly more crucial. Focusing on accessible information for persons with disabilities as they are able to make contact with legal professionals or find legal resources, they can then face another significant barrier: a lack of accessible communications and/or documents that will enable them to make informed decisions. This includes a lack of easy-to-read or plain language formats, as well as a failure to provide braille or sign language translation.

2.0 Consultancy

KRCS seeks the services of a consultant/firm to develop and digitalize legal literacy materials that are user friendly for people with disability (PWD). The consultant will develop legal literacy training package that will enhance knowledge on the rights of PWDs and the legal framework in protecting such rights. The materials will also train participants to educate others about the human rights of PWD, the protections that PWDs are entitled to, and the actions that they can take to claim their rights.

2.1 Purpose

To respond to this intent, KRCS is seeking to recruit a qualified and experienced firm/ consultant for a short term technical support to develop and digitalize legal literacy materials that are user friendly for people with disability(PWD). The legal literacy materials are important in supporting improved access to health services and access to justice for PWD in the context of HIV and TB. The legal literacy training package will be used to train PWD champions to understand human rights and how promotion of the same can leverage HIV and TB services. The legal literacy (know your rights campaigns) package will also ensure recognition of the rights violation of PWD and ensure they claim their rights to health. The materials developed will be used to sensitize PWD champions as well as conduct know your rights campaigns to PWD

2.2 The specific objectives of the legal literacy materials

· To guide trainers in facilitating training on legal literacy to PWD.

· To enable provision of information and skills for PWD to defend and assert their rights.

· To train PWD champions who will to sensitize PWDs to understand human rights and how promotion of the same can leverage HIV and TB services.

· To increase knowledge on recognition of the human rights violation of PWD and ensure they claim their rights to health when they are violated.

· To conduct legal literacy (know your rights campaigns) among PWDs

2.3 Scope of work

The materials to be developed include; Legal literacy training package for PWD, Legal literacy (Know your rights campaigns) package for PWD and participants’ packages (Take home messages) which are key messages in form of IEC materials which included brochures, posters and pamphlets

The consultant will also digitalize the legal literacy materials to be published in digital format. The consultant will also develop illustrations, design and layout of the legal literacy materials. The materials developed will then be used to train PWD champions who will then be conducting legal literacy sensitization for people with disabilities (PWD).

The consultant will be expected to undertake the following tasks:

· The consultant is to participate in an inception meeting with KRCS and HRG technical team to discuss the execution of the assignment.

· Design the necessary tools for the execution of the assignment.

· Develop a time-defined proposal (including a work plan) and the methodology the Consultant aims to use to develop the legal literacy materials for PWD.

· To develop and submit the inception report detailing the road map of implementation.

· The consultant to work with National Council for Persons with Disability so as to ensure that the legal literacy materials are in tandem with the standards set by the Council.

· Develop draft legal literacy materials for PWD which includes the legal literacy training package for PWD, legal literacy (know your rights campaigns) package.

· Develop participants’ packages (Take home messages) which are key messages in form of IEC materials which included brochures, posters and pamphlets.

· To develop illustration for the legal literacy materials for PWD that will capture attention of the intended audiences

· Design and layout the user friendly legal literacy materials.

· Ready to read Legal literacy materials for printing and web posting.

· To digitalize the legal literacy materials for people with disability.

· Develop tools that will be used by the PWDs to screen capture and report human rights violations

· Develop the training program for training the PWD champions.

· Develop the sensitization programs that will be used by the PWD champions to conduct sensitization sessions (know your rights campaigns) to PWD.

· Develop training evaluation forms for participants after end of the training and sensitizations (know your rights campaigns).

· Participate in review meeting with representatives of with National Council for Persons with Disability and other relevant key stakeholders.

· Finalize and submit the legal literacy materials based on inputs from National Council for Persons with Disability and other key relevant stakeholders.

· Disseminate the final legal literacy materials to National Council for Persons with Disability and other relevant key stakeholders.

· Submit consultancy report to KRCS.

2.4 Deliverables

The key deliverables that the consultant should deliver to KRCS are as follows; **

• Inception report detailing the execution of the assignment.

• Qualified and experienced teams who will carry out the assignment.

• Draft user friendly legal literacy materials for PWD which includes legal literacy training package for PWD, legal literacy (know your rights campaign) package in regards to TB and HIV.

• Participants take home messages in form of IEC materials –Legal literacy brochures, Pamphlets and posters.

• The deliverables should include the various domains of disabilities i.e. seeing, hearing, cognition, self-care & communication

• Final user friendly legal literacy materials for PWD both in web and print format with illustration, layout and design.

• Digitalized user friendly legal literacy materials.

• Tools that will be used by the PWD to capture, screen and report human rights violations.

• Training program for the PWD champions who will be trained on legal literacy.

• Sensitization program for of PWDs on legal literacy (Know your rights campaigns)

• Evaluation tools for the participants after end of training for PWD champions and sensitizations (Know your rights campaigns) for PWDs.

• Review the legal literacy materials with the National Council for Persons with Disability and other key relevant stakeholders.

• Dissemination of the legal literacy materials with the with National Council for Persons with Disability and other relevant key stakeholders.

• Final consultancy report.

2.5 KRCS Deliverables

· Share the zoom link for the inception meeting with the consultant, HRG technical team and KRCS.

· Invite the HRG technical team and the consultant for the inception meeting.

· Develop and share the draft contract with the consultant.

· Link between the consultant and HRG technical team.

· Organize for a review meeting of the draft legal literacy materials between the consultant, HRG technical team and stakeholders.

· Organize for the dissemination of the legal literacy materials.

2.6 Expertise and qualification of the consultant Functional competencies**

· Expert knowledge in health care systems, public health law human rights, and the legal framework.

· Knowledge in the health care systems on HIV and TB matters

· Knowledge on the national legal context on PWDs

· Knowledge and exposure to public health systems and network.

· Significant experience in reviewing laws; and policies

· Experience of conducting media and policy briefs.

· Ability to research and write at a high level. Expert knowledge of government processes.

· Experience in development of training manuals in relation to health and legal issues.

· Experience in the usage of computers and office software packages (MS Word, Excel,

· Strong knowledge of Adobe InDesign, Adobe Illustrator, Adobe Photoshop and Adobe Acrobat.

2.6.1 Core competencies

· Ability to produce high quality outputs in a timely manner while understanding and anticipating the evolving client needs.

· Strong organizational skills;

· Skills in Lobbying and advocacy, Gender integration and gender inclusion

· Ability to work independently, produce high quality outputs

2.6.2 Required Skills and Experience for the Key staff to be involved

· Education: Advanced University Degree in Law, Human Rights or relevant Social Science studies including gender and develop and psychology.

· Experience: Minimum of 10 years of relevant experience is required.

· Language: Excellent written and spoken English and Kiswahili.

· Owing to the nature and the scope of the consultancy, the key staff should be a member of a professional body with a good standing. This will ensure professionalism and objectives of the consultancy.

· At least two written samples for which the Consultant(s) was listed author that demonstrates their experience developing a legal literacy packages or similar deliverable (e.g. training curriculum or toolkit in regard to PWD

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2.7 Duration

The provision of technical assistance will take 35 working days from 18th October to 3rd December 2021 including inception meeting and discussions.

2.8 Application Requirements

Application materials shall include:

· A written response to this TOR in terms of a proposal detailing the technical understanding of the task, proposed methodologies of execution of the assignment, expected activities and deliverables, proposed work plans with schedule, and financial bids. See Annex 1

· Detailed CVs of all professional (s) who will work on the assignment. If there is more than one consultant on the proposed team, please attach a table describing the level of effort (in number of days) of each team member in each of the assignment activities. See Annex 3.

· Professional references: please provide at least three references from your previous clients and full contact details of the referees

How to apply

https://www.redcross.or.ke/Tenders

The complete tender document is available on the Kenya Red Cross Society website and can be accessed through the above link. Tender No. GFPREQ01720

Bids should reach tenders@redcross.or.ke on or before 6th October 2021 at 11.00 a.m. Bids received after the above-specified date and time shall not be considered. Tender Number GFPREQ01720: Consultancy to develop and digitalize legal literacy materials that are user friendly to persons with disability (PWD)**

Any bid received by KRCS after this deadline will be rejected.

*Bidders should provide a technical and financial proposal in two separate folders clearly Marked “Technical Proposal” and “Financial Proposal” both of which should then be sent to* tenders@redcross.or.ke with the subject reading “

The Proposal should be addressed as indicated above to reach the under signed by 6th October 2021 at 11.00 a.m. for opening meeting to take place at 12.00 noon.

Any bid received by KRCS after this deadline will be rejected.

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