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Chamd Hamaagui

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October 1, 2005

LAW ON THE PROTECTION OF THE RIGHTS OF THE CHILD

May 5, 1996
Ulaanbaatar

CHAPTER ONE

General provisions

Article 1. Purpose of the law

The purpose of this law is to regulate the relations with regard to the protection of the rights of the child.

Article 2. Legislation on the protection of the rights of the child

1. The legislation on the protection of the rights of the child shall consist of the Constitution of Mongolia, Civil Code, this Law and other legislative acts and regulations enacted in conformity with them. 2. If the provisions of any international treaties, to which Mongolia is a party, differ from those in this law, the former shall prevail.

Article 3. Scope of the Law

1. This law shall apply to protect the rights of the child from birth until 18 years of age. 2. This law shall also apply to the children of foreign people and stateless residing within Mongolia.

Article 4. Main principles of protecting the rights of the child

The following main principles shall be followed in the protection of the rights of the child: 1) Respect and ensure the rights of each child, his/her parents, carer and legal guardians without discrimination on the basis of their race, language, colour, age, sex, social origin, status, place of birth, property, job, position, religion, opinion, education and health condition; 2) The state, individuals, private entities and organisations recognize to ensure the best interest of the child in their all actions; 3) Parents, carer and legal guardians are equally responsible for ensuring physical, mental and moral development and education of the child; 4) Ensuring a child’s right to survival, development protection and participation to social life is a duty of both state and family; 5) A child’s rights to seek and receive information, to freedom of association and religion, to reside abroad and return to home country should not contradict with the State security of Mongolia, other’s rights, freedom and health, public order and national ethics.

CHAPTER TWO

Rights and duties of the child

Article 5. Right of the Child to Survival

1. A child has a right to a name at birth and a right to acquire a Mongolian nationality. Acquiring foreign nationality or registering foreign or stateless people’s child as a Mongolian shall be regulated in accordance with applicable law and procedures. 2. A child has a right to grow up healthy, to live in save environment and be free from abuse. It shall be strictly prohibited to intentionally limit child’s food, cloths, housing and essential items, and to provide a child with inappropriate and unsafe food. 3. A child has a right to live with his or her parents and to be under parents’ care, right to maintain personal relations and direct contact with both parents on regular basis if a child is separated from one or both parents, and a right to express his/her opinion about living with one of the parents in case of parents’ divorce or separation. 4. A child has a right to receive health service, benefits, care and solicitude from the State. A child must be medically checked and tested, vaccinated and covered in Health Insurance. The relations about the implementation of this provision shall be regulated by applicable laws and procedures. 5. A child has a right to migrate, refuge or reside in abroad with his or her parents or legal guardians, to return to home country. The residence of the child may be changed without permission of the child and his or her parents, carer or legal guardians only under legal justification.

Article 6. Right of the Child to Development

1. A child has a right to free secondary education. 2. A child has a right to inherit mother language, literacy, tradition, history and culture. 3. A child has a right to receive supports from the State for his or her physical, mental, spiritual, moral and social development. 4. A child has a right to practise or not practise religion. Upon request of parents, carer or legal guardians a child may be taught an education about religion. It shall be prohibited to force a child to religious teaching, to involve to religious practice through misleading or deceiving the child, and to pressure a child to stay religious schools and churches or temples. 5. A child has a right to thoughts and to seek and receive information. A child is prohibited to participate in or advertise actions against the state security, terrorism and other crimes, pornography and abuse. Without child’s or his or her parents’, carer’s or legal guardian’s permission it shall be prohibited to use a child for advertisement. 6. A child has a right to freely communicate with environment and community. It shall be prohibited to separate or limit a child from others.

Article 7. Right of the Child to Protection

1. A child should not be illegally separated from family and parents. A child may be separated from his or her parents only when competent authorities subject to judicial review determine in accordance with applicable law and procedure and is necessary for the best interests of the child. In that condition a child shall be under the State care. 2. A child has a right to stop legal relationship with parents, carer and legal guardians, who violated his or her rights, in accordance with applicable law and procedure, and restore his/her relationship when condition is improved. 3. A child has a right to protection from interference with his or her dignity, health, privacy, correspondence, family and home. 4. It shall be prohibited to involve a child to crime, violation, abuse, gambling games, pornography, any kinds of critics among adults, use of alcoholic drinks, cigarettes, drugs and harmful substances; to abuse physically and mentally, distort, neglect, kidnap, abduct and sale; to traffic, exploit, slave, force a child to stay in a same condition as a slave; to intentionally change, leave and lose; to torture, use in terrorist action and secret service; to force into early marriage; to illegally adopt, detain and leave for or take from abroad. 5. The governmental and non governmental organisations and authorities should respect and protect dignity of the juveniles in the prison, and support them to study, develop their capacity, and engage a work in accordance with applicable law and procedures. It shall be strictly prohibited to detain a child with adults. The Government member in charge of the justice and legislation shall approve procedures relevant with detaining and arresting a child and policy for the juvenile prison. 6. Individuals, private entities and organisations are prohibited to force children to work, to involve children to an action dangerous for their health, moral and life, to use children for exploitation, to unfairly calculate remuneration for children, to force a child to beg, and to use child’s name and reputation for illegal business.

Article 8. Right of the Child to Participate in the Social Life

1. A child has a right to participate in the games, cultural activities, sports and travel that are suitable for his or her age, physical and mental development and health; and to rest. The State shall provide with supports and encouragement for children, meet requirements to participate and/or made success in the international, regional, or world competition and contests. It shall be prohibited to involve a child in the games and competitions for business interest and/or dangerous for his or her health and life. 2. A child has a right to freedom of association, peaceful assembly and to express his or her thoughts and opinions freely. 3. A child has a right to evaluate and freely express his or her thoughts about education, health, care, nursing and other services for him or her. 4. A child has a copy right for own spiritual work in accordance with applicable law and procedures. 5. A child has a right to possession and inheritance of property in accordance with justification prescribed in the law. Article 9. The duties of the child

A child has the following basic duties: 1. to adore, respect and assist his or her parents and other people; 2. to love and protect motherland and environment; 3. to possess basic education; 4. to respect and abide the legislation, and to respect and inherit traditions and culture; 5. to protect his or her health; 6. to develop own talents and skills.

CHAPTER THREE

The State and Individuals Participation to the Protection of the Rights of the Child

Article 10. The State power for protection of the rights of the child

The Government shall have the following powers for protection of the rights of the child: 1) to develop state policy on the protection of the rights of the child; 2) to ensure the implementation of laws and regulations on the protection of the rights of the child; 3) to take actions to develop, adopt and implement a national programme and action plan on the child development and protection of the rights of the child; 4) to support and assist training, leisure, mass media, care, nursing and detention centers for children with jurisdiction to develop and protect children.

Article 11. The Citizens’ Representative Khural’s and Governor’s power about protection of the rights of the child

1. The aimag, city, soum and district Citizens’ Representative Khurals shall have the following powers for protection of the rights of the child within their respective territory: 1) to define main direction of the activities on the protection of the rights of the child, and to monitor the implementation; 2) to take actions to support and implement initiatives of the individuals, private entities and organisations for the development of the children and protection of their rights; 3) to monitor the Government activities on the implementation of the state policy and laws and regulations for the protection of the rights of the child; 4) other powers prescribed in the legislation.

2. The aimag, city, soum and district Governors shall have the following powers for protection of the rights of the child within their respective territory: 1) to take actions to ensure the implementation of the laws and regulations on the protection of the rights of the child, and to support relevant initiatives; 2) to develop and implement an action plan on the development of the children and protection of the rights of the child, and to report to public; 3) to make decision on the establishment, closure and change of the training, cultural and leisure, mass media, care, nursing and detention centres for child development and protection, and to monitor their activities; 4) to encourage the operation of the vocational training and development institutions for children, and to monitor their activities; 5) to identify children living in the emergency and especially difficult circumstances, and take actions to protect their rights; 6) to take a child under the State care on the basis of the court decision and request by the relevant organisation, authority or individual; 7) to involve parents, carers, legal guardians, schools, police and other organisations, private entities and individuals to prevent the children, who are not under the care of parents, carer or legal guardians due to being lost, left home or other reasons, from crime and accident ; 8) to take actions to create an environment for children to develop their talent and skills and to spend their free time efficiently; to monitor utilization of the buildings and facilities for children and make it used as required; 9) to encourage individuals’ private entities’ and organisations’ initiatives on the protection of the rights of the child and support child participation; to coordinate activities of the Counsel for Children; 10) to develop and collect data on the children in the especially difficult circumstances in accordance with guidelines approved by the National Statistical Agency, and to submit to the state central authority in charge of social protection; 11) to support activities of the social workers, who are in charge of counseling and assisting the children, their parents families, carers and legal guardians; 12) other powers prescribed in the laws and regulations.

3. The bagh and khoroo Governors shall have the following powers for protection of the rights of the child: 1) to monitor activities of the families, parents, carers and legal guardians on the implementation of the legislation on the protection of the rights of the child, and to review their requests, make decision and forward their requests to relevant institutions or authorities to have the requests solved; 2) to conduct a survey on the children within the administrative unit, to give relevant information to higher level Governors and relevant organisations, and to organise activities to support children in the especially difficult circumstances; 3) other powers prescribed in the law and regulations.

Article 12. Duties of the parents, carers and legal guardians

1. Parents, carers and legal guardians shall have the following duties: 1) to create healthy and save environment for a child to live and protect his or her health, provide him or her with adequate nutritious food, housing, clothes, toys and other required items; 2) to help a child to know his origin and relatives, and possess mother language, literacy, tradition, history and culture; 3) to develop a child to adore and respect own country, parents, siblings, relatives and other people, and to teach him or her fairness and tolerance. 4) to prevent and protect a child from alcohol, drugs, pornography, abuse, crime, offence and neglect. 5) to create a condition for a child to possess an education, and to prevent a child to engage a work dangerous for his or her health, life or moral; 6) to get support from and cooperate with school, community and children’s and other organisations to develop child’s talent and grow the child up; 7) to protect a child’s dignity, health and privacy, to involve the child to health and other insurance and health check-ups; 8) to respect child’ views, and to create him or her an opportunity to express his or her thoughts and opinions; 9) to support the child implement his or here basic duties; 10) to solve crimes and violations by children in accordance with applicable laws and procedures 11) other duties prescribed in the laws and regulations. 2. Divorce and separation of the parents shall not be a reason for them to be released from the duties prescribed in the paragraph 1 of this article.

Article 13. Duties of the individuals, private entities, and organisations

1. The individuals, private entities, and organisations shall have the following duties to protect the rights of the child: 1) to provide with supports to children, parents, carers, legal guardians, organisations and authorities for the protection of the rights of the child; 2) to show practice good for child’ moral, spirit and mental; to take care for child development and grow up; and take relevant actions; 3) to provide children in especially difficult circumstances with all kinds or supports including physical and non physical assistance; 4) to report about violation of law on the protection of the rights of the child, and to request relevant organisations to take actions to stop violations; 5) to support and assist children’s organisation, palace, camp, library, theatre, mass media, cultural and leisure centres and care centres; 6) not to engage a industry, trade and services that may cause negatively to child’s development, to distribute information damaging child morally and developmentally, and other activities such as advertising pornography; 7) other duties prescribed in the laws and regulations.

CHAPTER FOUR

Social care and welfare for child

Article 14. Involving a child to social welfare activities

1. Social welfare benefits, supports and grants for child and a process to involve a child to social insurance shall be regulated by the Mongolian laws and regulations. 2. Non governmental organisations, private entities and individuals shall take a permission from state administrative authority to conduct the social welfare and care services for children 3. The Government member in charge of social welfare issues shall approve a procedure on transferring a child to care centre or orphanage and a model rule of orphanage. 4. An institution, private entities and individuals that provide social care and welfare services for children shall have the following duties: 1) to create a save environment free from violence suitable the age and physical and mental development of the children and meeting all sanitary and hygiene standards and requirements; 2) to protect children’s health, and to involve children to health check ups, tests, vaccination and health insurance; 3) to provide children with save and nutritious food, clothes and items that meet child development and hygiene; 4) to cooperate with relevant entities, institutions and individuals to create a condition and possibility for children to develop and educate; 5) to prevent and protect children form crimes and offences; 6) to protect children, to respect children’s view and non-discriminate; 7) to submit a report on the social welfare and care services for children and information about child movement to respective aimag or city Governor; 8) to ensure that child is not illegally transferred to care of others.

Article 15. Social welfare and care for children in the emergency and in the especially difficult circumstances

1. Children, who are in the place effected by natural disaster, epidemic disease, sudden accident and armed conflict, are considered as the children in the emergency. The Government shall decide emergency responses for children in that condition when required. 2. Children, who are full orphan or with disabilities, in the street, or suffer from mental and physical damages due to physical, mental and sexual abuse, doing a work dangerous for their health and life, are considered as children in the especially difficult circumstances. The following care, release and benefits are provided to children in the especially difficult circumstances if it is not prescribed otherwise in the law: 1) to assist in possessing education and vocational education; 2) to provide with health rehabilitation services, and to provide their special needs free of charge; 3) to provide families that adopted children in especially difficult circumstance with supports from State; 4) to transfer children to care centres and to involve to care services; 5) to support and assist families that voluntarily cares after children in especially difficult circumstances; 3. Local state administrative organs shall provide an orphan child, who lived in the orphanage and have no property, with housing. 4. Police, health, education, social welfare orgainisations, non-governmental organisations, parents, carer and legal guardians shall regularly pay attention on the children who have an habit to use alcoholic drinks and drugs and that are involved in the prostitution. 5. All costs to shelters, care centres and institutions to take care for street children, children with no residential addresses, children who are impossible to stay or study at home, children whose rights are violated and children with conflict with law shall be provided from State. The above organisations may be funded by donations and supports by private entities, other organisations and individuals. Only qualified and specialized persons shall work in the institutions including detention centers, care centres and shelters for children, and all rooms shall meet health and hygiene standards.

CHAPTER FIVE

An Organisation for the Protection of the Rights of the Child and its Jurisdiction

Article 16. The jurisdiction of the central organisation for the implementation of the State direction to protect the rights of the child

1. The Government member in charge of children and youth issues shall implement and monitor the State policy for children. 2. A National Authority for Children shall be established under the Government member in charge of children and youth issues. 3. The National Authority for Children shall have the following jurisdiction: 1) to conduct activities on the implementation of the state policy and law on the protection of the rights of the child; 2) to monitor operations, provide with advises and methodology for the relevant organisations that work for the development and protection of children; 3) to improve knowledge and capacity of staff in charge of children, and organise activities to improve their skills; 4) to cooperate with non-governmental organisations for the development and protection of the children; 5) to monitor implementation of the national programme on the child development and protection, and provide with recommendations; 6) to collect information about and conduct survey on the child rights situation, to create a database and an integrated network; 7) other duties that prescribed in the law. 4. The Government shall approve rules of the National Authority for Children.

Article 17. Local organisation for the protection of the rights of the child

1. Governors shall be in charge of the protection of the rights of the child within the respective territory. 2. An organisation for children shall be established under aimag and city Governor; 3. An organisation for children under aimag and city Governor shall have the following jurisdiction: 1) to organise activities to implement state policies on the protection of the rights of the child at local level; 2) to monitor activities of the local organisations for the development and protection of the children; 3) to organise activities to protect, rehabilitate and involve children, whose rights are violated, to social care services; 4) to organise activities to promote rights of the child with cooperation of other organisation on the basis of family and community supports; 5) other duties prescribed in the law.

Article 18. The National Counsel for Children

1. The national Counsel for Children shall be established with jurisdiction to develop the state policy on the development and protection of the children, to mobilize social resources for its implementation, and to coordinate activities to involve community, other organisations, private entities and individuals. 2. The Prime Minister of Mongolia shall lead the National Counsel for Children, and the composition of the counsel shall consist of representatives from governmental, public and religious organisations, private entities, political, social and cultural leaders and individuals. 3. Administrative supports for the National Counsel for Children shall be performed by the National Authority for Children. 4. Structure of the counsel shall be approved by the Prime Minister and rule of the counsel shall be approved by the counsel itself.

Article 19. Jurisdiction of the National Counsel for Children

The National Counsel for Children shall have the following duties: 1) to advice the Government and the relevant organisations about the implementation of the legislation of the protection of the rights of the child, and to coordinate and monitor implementation of the national programme on the child development and protection; 2) to review reports by relevant organisations and authorities on the protection of the rights of the child; and to submit recommendations and comments on the further actions to Government, other relevant organisations and authorities; 3) to involve individuals, private entities and organisations in the solving the issues relevant with protection of the rights of the child; and to support their initiatives; 4) to establish a foundation for children, to approve its budget, income and expenditure, to monitor its operation, and to report and inform public; 5) to send its opinions and requests to award the children, individuals, private entities and organisations that made great effort for the protection of the rights of the child and good will to relevant organisations; 6) to cooperate with other organisations, their governmental and non-governmental organisations and internationals organisation for the development and protection of the children; 7) other duties prescribed in the law.

Article 20. Local Counsel for Children

1. A local counsel for children shall be established under aimag, city, soum and district Governor. 2. Relevant Governor shall approve a structure of the local counsel for children. 3. Administrative supports for the local counsel for children shall be performed by the organisation for children under Governor. 4. The local counsel for children shall approve its rules.

Article 21. Public organisation for child development and protection

1. Children may establish a cooperation, team or association to develop and protect children through voluntarily assembling. Education and other organisations should support and help children’s voluntary organisation and provide with methodological management. 2. Adults may establish a non-governmental organisation to develop and protect children.

Article 22. Foundation for Children

A Foundation for Children shall be established under the National Counsel for Children in order to develop and protect children. The Government approves the rule of the Foundation for Children.

CHAPTER SIX

Miscellaneous

Article 23. Monitoring the implementation of the legislation on the protection of the rights of the child

1. The Government, Governors at all levels, other organisations and authorities possessing power under relevant laws shall monitor the implementation of the legislation on the protection of the rights of the child in accordance with their jurisdiction. 2. Non-governmental organisations for children and their development and protection, and its staff make public monitoring on the implementation of the legislation on the protection of the rights of the child.

Article 24. Submission of a petition or a complaint to restore the violated rights of the child

1. If a child thinks his or her rights are violated, a child or through his or her parents, carers, legal guardians, individuals or other organisation may submit a petition or a complain in accordance with prescribed in the law. 2. If parents, carers, legal guardians, social workers or other individuals think that child rights are violated, they may submit a petition or a complain in accordance with prescribed in the law. 3. On behalf of the child, whose rights are violated, a children’s organisation and personnel in charge of child issue in the soums and khoros may require parents, carers, legal guardians of the child and other relevant authorities, individuals and entities, and submit a petition to respective Governor and governmental organisation if it is necessary.

Article 25. Liabilities for offenders of the legislation on the protection of the rights of the child

Offenders of the Law on the Protection of the Rights of the Child, if it is not a criminal case, shall be a subject to the following liabilities in accordance with the decision of the soum and district Governors: 1) An individual or officer offended a physical and/or mental abuse, pressure and force against a child shall be a subject to a fine of 40 000 – 50 000 tugrugs or detention up to 30 days; 2) An individual or officer, who intentionally limited foods, clothes, housing for children, or who intentionally gave in-adequate and in-secure food for children, shall be a subject to a fine of 35 000 – 50 000 tugrugs; 3) An individual or officer, who intentionally have not involved the children to vaccination and health insurance, shall be a subject to a fine of 15 000 – 20 000 tugrugs; 4) An individual, who refused to pay fee for his or her child, shall be a subject to pay all due fees and to a fine of up to 50 000 tugrugs or up to 30 days of imprisonment; 5) An individual forced the child to beg or offered a job that cause negatively to child’s health shall be a subject to a fine of 10 000 – 20 000 tugrugs; 6) An individual and an officer, who used a child in the advertisement without child’s and his or her parents’ permission, used child’s reputation or name for illegal interests or incomes, involved the child to the games or competitions that are dangerous for child’s health and life, shall be a subject to confiscation of all relevant incomes and a fine of 30 000 – 60 000 tugrugs. 7) An individual and organisations that involved children to religious practices by cheating or deceiving them and/or forced a child to stay in the temple or church shall be a subject to 20 000 – 30 000 tugrugs or 50 000 – 200 000 turgugs respectively. 8) An individual who left or lost his or her own child or adopted child shall be a subject to a fine of up to 50 000 tugrugs or up to 30 days imprisonment. Article 26. Enforcement of this law

This law shall come into effect on the 1st of June 1996.

SPEAKER OF THE PARLIAMENT
OF MONGOLIA N. BAGABANDI

(The amendments made by the law on the 22nd of May 2003 and 27th of January 2005 have been incorporated in this law.)

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