| MONGOLIA Mongolia Mongol Uls Joined United Nations: 27 October 1961 Human Rights as assured by their constitution Updated 05 September 2012 |
Chapter Two Human Rights and Freedoms
Article 14 [Equality, Right to Personality]
(1) All persons lawfully residing within Mongolia are equal before the law and the courts.
(2) No person may be discriminated on the basis of ethnic origin, language, race, age, sex, social origin or status, property, occupation or
post, religion, opinion, or education. Everyone is a person before the law.
Article 15 [Citizenship, Extradition]
(1) The grounds and procedure for Mongolian nationality, acquisition, or loss of citizenship may be defined only by law.
(2) Deprivation of Mongolian citizenship, exile, or extradition of citizens of Mongolia are prohibited.
Article 16 [Citizen's Rights]
The citizens of Mongolia are enjoying the following rights and freedoms:
1) The right to life. Deprivation of human life is strictly prohibited unless capital punishment as constituted by Mongolian penal law for the
most serious crimes is imposed as final decision by a competent court.
2) The right to healthy and safe environment and to be protected against environmental pollution and ecological imbalance. 3) The right to
fair acquisition, possession, and inheritance of movable and immovable property. Illegal confiscation and requisitioning of the private
property of citizens are prohibited. If the State and its bodies appropriate private property on the basis of exclusive public need, they may
only do so with due compensation and payment. 4) The right to free choice of employment, favorable conditions of work, remuneration,
rest, and private enterprise. No one may be unlawfully forced to work.
5) The right to material and financial assistance in old age, disability, childbirth, and childcare and in other cases as provided by law.
6) The right to the protection of health and medical care. The procedure and conditions of free medical aid are determined by law.
7) The right to education. The state provides basic general education free of charge. Citizens may establish and operate private schools if
these meet the requirements of the State.
8) The right to engage in creative work in cultural, artistic, and scientific fields and to benefit thereof. Copyrights and patents are
protected by law.
9) The right to take part in the government of the country directly or through representative bodies. The right to elect and to be elected to
State bodies. The right to elect is enjoyed from the age of eighteen years and the age eligible for being elected is determined by law
according to the requirements in respect of the bodies or posts concerned.
10) The right to freedom of association in political parties or other voluntary organizations on the basis of social and personal interests and
opinion. Political parties and other mass organizations shall uphold public order and state security, and abide by law. Discrimination and
persecution of a person for joining a political party or other associations or for being their member are prohibited. Party membership of
some categories of state employees may be suspended. 11) Men and women enjoy equal rights in political, economic, social, and cultural
fields as well as in marriage. Marriage is based on the equality and mutual consent of the spouses who have reached the age determined
by law. The State protects the interests of the family, motherhood, and the child.
12) The right to submit a petition or a complaint to State bodies and officials. The State bodies and officials are obliged to respond to the
petitions or complaints of citizens in conformity with law.
13) The right to personal liberty and safety. No one may be searched, arrested, detained, persecuted, or restricted of liberty save in
accordance with procedures and on grounds determined by law. No one may be subjected to torture, inhuman, cruel, or degrading
treatment. Where a person is arrested his or her family and counsel shall be notified within a period of time established by law of the
reasons for the arrest. Privacy of citizens, their families, correspondence, and homes are protected by law.
14) The right
to appeal to the court for protection if one considers the rights or freedoms spelt out by the Mongolian law or an international treaty to
have been violated;
to be compensated for the damage illegally caused by others;
not to testify against oneself, one's family, parents, or children;
to defense;
to receive legal assistance;
to have evidence examined;
to fair trial;
to be tried in one's presence;
to appeal against a court decision;
to seek pardon.
Compelling to testify against oneself is prohibited. Every person is presumed innocent until proven guilty by a court by due process of
law. The penalties imposed on the convicted may not be applicable to his or her family members and relatives. 15) Freedom of conscience
and religion.
16) Freedom of thought, opinion, expression, speech, press, and peaceful assembly. Procedures for organizing demonstrations and other
assemblies are determined by law. 17) The right to seek and receive information except that which the state and its bodies are legally
bound to protect as secret. In order to protect human rights, dignity, and reputation of persons and to ensure national defense, security,
and public order, the information which is not subject to disclosure must be classified and protected by law.
18) The right to freedom of movement and residence within the
country, to travel and reside abroad, and to return home to the country. The right to travel and reside abroad may be limited exclusively
by law for the purpose of ensuring the security of the country and population and protecting public order.
Article 17 [Citizen's Duties]
(1) Citizens of Mongolia, while upholding justice and humanism, shall fulfill in good faith the following basic duties:
1) to respect and abide by the Constitution and other laws;
2) to respect dignity, reputation, rights, and legitimate interests of others;
3) to pay taxes levied by law;
4) to defend the motherland and serve in the army according to law.
(2) It is a sacred duty for every citizen to work, protect his or her health, bring up and educate his or her children and to protect nature
and the environment.
Article 18 [Foreigner's Rights and Restrictions]
(1) The rights and duties of aliens residing in Mongolia are regulated by Mongolian law and by treaties concluded with the state of the
person concerned.
(2) Mongolia adheres to the principle of reciprocity in determining the rights and duties of foreign nationals in an international treaty being
concluded with the country concerned.
(3) The rights and duties of stateless persons within the territory of Mongolia is determined by the Mongolian law.
(4) Aliens or stateless persons persecuted for their convictions or for political or other activities pursuing justice, may be granted asylum
in Mongolia on the basis of their well-founded requests.
(5) In allowing the foreign nationals and stateless persons under the jurisdiction of Mongolia to exercise the basic rights and freedoms
provided for in Article 16, the State of Mongolia may establish necessary restrictions upon the rights other than the inalienable rights spelt
out in international instruments to which Mongolia is a Party, out of the consideration of ensuring the security of the country and
population, and public order.
Article 19 [Responsibility, Restrictions]
(1) The State is responsible to the citizens for the creation of economic, social, legal, and other guarantees ensuring human rights and
freedoms, for the prevention of violations of human rights and freedoms, and restoration of infringed rights.
(2) In case of a state of emergency or war, the human rights and freedoms as defined by the Constitution and other laws are subject to
limitation only by a law. Such a law may not affect the right to life, the freedom of thought, conscience, and religion, as well as the right
not to be subjected to torture or inhuman and cruel treatment.
(3) In exercising one's rights and freedoms, one may not infringe the national security or rights and freedoms of others or violate public
order.
Article 14 [Equality, Right to Personality]
(1) All persons lawfully residing within Mongolia are equal before the law and the courts.
(2) No person may be discriminated on the basis of ethnic origin, language, race, age, sex, social origin or status, property, occupation or
post, religion, opinion, or education. Everyone is a person before the law.
Article 15 [Citizenship, Extradition]
(1) The grounds and procedure for Mongolian nationality, acquisition, or loss of citizenship may be defined only by law.
(2) Deprivation of Mongolian citizenship, exile, or extradition of citizens of Mongolia are prohibited.
Article 16 [Citizen's Rights]
The citizens of Mongolia are enjoying the following rights and freedoms:
1) The right to life. Deprivation of human life is strictly prohibited unless capital punishment as constituted by Mongolian penal law for the
most serious crimes is imposed as final decision by a competent court.
2) The right to healthy and safe environment and to be protected against environmental pollution and ecological imbalance. 3) The right to
fair acquisition, possession, and inheritance of movable and immovable property. Illegal confiscation and requisitioning of the private
property of citizens are prohibited. If the State and its bodies appropriate private property on the basis of exclusive public need, they may
only do so with due compensation and payment. 4) The right to free choice of employment, favorable conditions of work, remuneration,
rest, and private enterprise. No one may be unlawfully forced to work.
5) The right to material and financial assistance in old age, disability, childbirth, and childcare and in other cases as provided by law.
6) The right to the protection of health and medical care. The procedure and conditions of free medical aid are determined by law.
7) The right to education. The state provides basic general education free of charge. Citizens may establish and operate private schools if
these meet the requirements of the State.
8) The right to engage in creative work in cultural, artistic, and scientific fields and to benefit thereof. Copyrights and patents are
protected by law.
9) The right to take part in the government of the country directly or through representative bodies. The right to elect and to be elected to
State bodies. The right to elect is enjoyed from the age of eighteen years and the age eligible for being elected is determined by law
according to the requirements in respect of the bodies or posts concerned.
10) The right to freedom of association in political parties or other voluntary organizations on the basis of social and personal interests and
opinion. Political parties and other mass organizations shall uphold public order and state security, and abide by law. Discrimination and
persecution of a person for joining a political party or other associations or for being their member are prohibited. Party membership of
some categories of state employees may be suspended. 11) Men and women enjoy equal rights in political, economic, social, and cultural
fields as well as in marriage. Marriage is based on the equality and mutual consent of the spouses who have reached the age determined
by law. The State protects the interests of the family, motherhood, and the child.
12) The right to submit a petition or a complaint to State bodies and officials. The State bodies and officials are obliged to respond to the
petitions or complaints of citizens in conformity with law.
13) The right to personal liberty and safety. No one may be searched, arrested, detained, persecuted, or restricted of liberty save in
accordance with procedures and on grounds determined by law. No one may be subjected to torture, inhuman, cruel, or degrading
treatment. Where a person is arrested his or her family and counsel shall be notified within a period of time established by law of the
reasons for the arrest. Privacy of citizens, their families, correspondence, and homes are protected by law.
14) The right
to appeal to the court for protection if one considers the rights or freedoms spelt out by the Mongolian law or an international treaty to
have been violated;
to be compensated for the damage illegally caused by others;
not to testify against oneself, one's family, parents, or children;
to defense;
to receive legal assistance;
to have evidence examined;
to fair trial;
to be tried in one's presence;
to appeal against a court decision;
to seek pardon.
Compelling to testify against oneself is prohibited. Every person is presumed innocent until proven guilty by a court by due process of
law. The penalties imposed on the convicted may not be applicable to his or her family members and relatives. 15) Freedom of conscience
and religion.
16) Freedom of thought, opinion, expression, speech, press, and peaceful assembly. Procedures for organizing demonstrations and other
assemblies are determined by law. 17) The right to seek and receive information except that which the state and its bodies are legally
bound to protect as secret. In order to protect human rights, dignity, and reputation of persons and to ensure national defense, security,
and public order, the information which is not subject to disclosure must be classified and protected by law.
18) The right to freedom of movement and residence within the
country, to travel and reside abroad, and to return home to the country. The right to travel and reside abroad may be limited exclusively
by law for the purpose of ensuring the security of the country and population and protecting public order.
Article 17 [Citizen's Duties]
(1) Citizens of Mongolia, while upholding justice and humanism, shall fulfill in good faith the following basic duties:
1) to respect and abide by the Constitution and other laws;
2) to respect dignity, reputation, rights, and legitimate interests of others;
3) to pay taxes levied by law;
4) to defend the motherland and serve in the army according to law.
(2) It is a sacred duty for every citizen to work, protect his or her health, bring up and educate his or her children and to protect nature
and the environment.
Article 18 [Foreigner's Rights and Restrictions]
(1) The rights and duties of aliens residing in Mongolia are regulated by Mongolian law and by treaties concluded with the state of the
person concerned.
(2) Mongolia adheres to the principle of reciprocity in determining the rights and duties of foreign nationals in an international treaty being
concluded with the country concerned.
(3) The rights and duties of stateless persons within the territory of Mongolia is determined by the Mongolian law.
(4) Aliens or stateless persons persecuted for their convictions or for political or other activities pursuing justice, may be granted asylum
in Mongolia on the basis of their well-founded requests.
(5) In allowing the foreign nationals and stateless persons under the jurisdiction of Mongolia to exercise the basic rights and freedoms
provided for in Article 16, the State of Mongolia may establish necessary restrictions upon the rights other than the inalienable rights spelt
out in international instruments to which Mongolia is a Party, out of the consideration of ensuring the security of the country and
population, and public order.
Article 19 [Responsibility, Restrictions]
(1) The State is responsible to the citizens for the creation of economic, social, legal, and other guarantees ensuring human rights and
freedoms, for the prevention of violations of human rights and freedoms, and restoration of infringed rights.
(2) In case of a state of emergency or war, the human rights and freedoms as defined by the Constitution and other laws are subject to
limitation only by a law. Such a law may not affect the right to life, the freedom of thought, conscience, and religion, as well as the right
not to be subjected to torture or inhuman and cruel treatment.
(3) In exercising one's rights and freedoms, one may not infringe the national security or rights and freedoms of others or violate public
order.
Mongolia was under the rule of China until 1921 when the Soviet Union set up a regime that dominated
politics until the breakup of the Union. A constitution was written in 1960 under Soviet auspices. A new
constitution was adopted by the Great State Hural on 12 February 1992 that conforms to the 1948
Universal Declaration of Human Rights of which Mongolia is a signatory. Human rights are specifically
enumerated in Chapter Two. Following are those articles specifically pertaining to Human Rights. For a
full English translation of Mongolia's constitution, click here.
politics until the breakup of the Union. A constitution was written in 1960 under Soviet auspices. A new
constitution was adopted by the Great State Hural on 12 February 1992 that conforms to the 1948
Universal Declaration of Human Rights of which Mongolia is a signatory. Human rights are specifically
enumerated in Chapter Two. Following are those articles specifically pertaining to Human Rights. For a
full English translation of Mongolia's constitution, click here.