(2023-08-16-ны өдрийн хуулийн орчуулга)                                      Unofficial translation

LAW OF MONGOLIA

February 2, 2011                                                                                 Ulaanbaatar city

ON ENSURING GENDER EQUALITY

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to define the legal basis for the creation of conditions to ensure gender equality in political, legal, economic, social, cultural and family relations, and to regulate relations in connection with the implementation thereto.

Article 2.Legislation on Ensuring gender equality

2.1.The legislation on ensuring gender equality shall consist of the Constitution of Mongolia, this Law and other legislative acts issued in conformity with these laws.

2.2.If an international treaty to which Mongolia is party stipulates otherwise than this Law, then the provisions of that international treaty shall prevail.

2.3.It shall be prohibited to worsen the gender equality norms adopted by this Law for the laws of Mongolia and legal act norms issued to be complied publicly.

Article 3.Scope of the application of the Law

3.1.This Law shall apply equally to business entities and organizations operating on the territory of Mongolia and to citizens of Mongolia, as well as to international organizations, foreign business entities and organizations operating in the territory of Mongolia, and to foreign citizens and stateless persons residing in Mongolia, unless otherwise specified in the international treaties of Mongolia.

Article 4.Definitions of terms of the Law

4.1.The following terms used in this Law shall be understood as follows:

4.1.1."gender" shall mean concepts, views, and attitudes that have been inherited and evolved over the course of history towards the performing roles, imposing liabilities, and gaining statuses in the society in which  a man or a woman is expected to fulfill in political, economic, social, cultural and  family relations;

4.1.2."gender equality" shall mean an absence of discrimination on the basis of gender achieved through equal participation of men and women in political, economic, social, cultural and family relations, their equal accession from the benefits of economic, social and cultural development, and their equal contribution to the development;

4.1.3."gender stereotypes" shall mean the inherited gender-based differences in concepts and attitudes towards the performing duties and exercising rights of men and women in political, economic, social, cultural and family relations;

4.1.4."gender discrimination" shall mean any action or non-action resulting in discrimination, exclusion or restriction based on gender or marital status of men and women in political, economic, social, cultural, family relations and any other sectors;

4.1.5."direct gender discrimination" shall mean any action constituting or has the effect of constituting an unequal treatment of an individual based on his or her sex compared to another individual of the opposite sex in the same or similar conditions;

4.1.6."indirect gender discrimination" shall mean any standard, norm, or action that irrelated to gender that makes a person different from a person of the opposite sex;

4.1.7."sexual harassment" shall mean actions or inactions expressing their sexual motives verbally, physically or in any other way against the victim's will, or are forced to engage in sexual intercourse, as well as creating an intolerable environment with consequences for work, position, material, emotional and other harm due to sexual motives, intimidation and coercion, or offering any sexually motivated act as the condition for the enjoyment of privilege or opportunity;

/This sub-paragraph was amended by the law as of July 2, 2021/

4.1.8."gender-based violence" shall mean any action or inaction prompted by the victim's gender that inflicts or has the potential to inflict a physical, sexual, emotional, and economic damage to a victim;

4.1.9."minimum limit of gender representative (quota)" shall mean the absolute minimum measure of the representation of men and women in management positions.

Article 5.General principles and policy to ensure of gender equality

5.1.Gender equality shall be based on the following general principles:

5.1.1.principle of gender equality: men and women shall have opportunities and conditions to enjoy equal rights in political, economic, social, cultural, family and other relations, and to equally participate in social life and equally access the benefits of development and social wealth;

5.1.2.principle of non-discrimination: men and women shall be guaranteed enjoyment of human rights and freedoms without any discrimination or restriction on the basis of the differences in terms of their age, sex, job, position, point of view, marital status or education;

5.1.3.principle of government responsibility: the state shall fulfill all the obligations related to ensuring the equality of men and women in Mongolia provided for in the Constitution of Mongolia, international treaties and other legislation and be responsible for the results achieved;

5.1.4.principle of gender sensitive policy: development policies shall be made gender sensitive through incorporation of gender concepts in legislation, state policies, programs, plans and projects;

5.1.5.principle of accessibility of gender information: ensure the transparency, availability and accessibility of sex disaggregated official statistical data and other information.

5.2.The state policy on ensuring gender equality shall be aimed at creating conditions at ensuring guarantees for equal rights, equal opportunities, and equal treatment of men and women, as well as at preventing and eliminating gender discrimination.

Article 6.Prohibition of gender discrimination

6.1.It shall be prohibited from gender discrimination in political, legal, economic, social, cultural and family relations.

6.2.Gender-based violence and sexual harassment shall be seen as constituting gender discrimination.

6.3.The conditions and procedures for the prevention of and fighting against gender-based violence, and ensuring the safety and protecting the rights of victims and witnesses shall be established by law.

6.4.Gender discrimination shall be defined as direct and indirect forms specified in sub-paragraphs 4.1.5. and 4.1.6 of this Law.

6.5.The following activities shall not be considered gender discrimination:

6.5.1.provision of health, educational and other services specialized for the specific needs of one particular gender;

6.5.2.separate placement of men and women at student dormitories, hospitals, special care and health resort, imprison, detention and alcohol rehabilitation facilities;

6.5.3.selection of a person of one gender over another in renting out a private accommodation or for renting a shared accommodation;

6.5.4.establishing a non-governmental organization with a membership open for people of one particular gender;

6.5.5.organizing arts or sports and other competitions designed for people of one particular gender;

6.5.6.recruitment of a person of particular gender based on a specific work and service such as in preschool education institutions.

/This sub-paragraph was amended by the law as of July 2, 2021/

Article 7.Special measures to ensure equality of men and women

7.1.Within the state policy referred to in paragraph 5.2 of this Law, special measures aimed to eliminating generated inequality between men and women in social or family relations and protecting their reproductive health shall be implemented. These special measures shall not be considered as gender discrimination.

7.2.Special measures referred to paragraph 7.1 of this Law shall be implemented in the following framework:

7.2.1.approving legislation, policies, and programs aimed at protecting rights and interests of mothers and children;

7.2.2.implementing quota forms including keeping the number of seats aimed at ensuring equal representation of men or women at political and decision-making levels;

7.2.3.taking measures to eliminate gender imbalances in certain sectors or providing with discounts, incentives or setting up benefits to encourage balancing the unequal  gender representation in any job or profession;

7.2.4.establishing differently conditions and requirements for admission to educational institutions depending on gender pursuant to the sub-paragraph 6.5.6. of this Law.

7.3.With the exception of measures referred to in sub-paragraph 7.2.1 of this Law, special measures shall be discontinued when the objectives of equality of opportunity and treatment are achieved.

CHAPTER TWO

GUARANTEES ON ENSURIING GENDER EQUALITY IN STATE STRUCTURE, ECONOMIC, SOCIAL AND CULTURAL SPHERES

Article 8.Guarantees of gender equality in political sphere

8.1.It shall be prohibited to restrict and discriminate against equal rights and equal opportunities of a man and a woman to join as the member to a political party, trade union and other mass organizations, and participate in their activities.

8.2.Campaign financing support in any election to be allocated to a male and a female candidate in all level by a political party shall be the same amount.

8.3.Representation of any one gender in any central and local body of a political party shall not be lower than 40 percent.

/The term "25 percent" in this paragraph was amended into the term "40 percent" by the law as of July 7, 2023, and it shall enter into force on July 1, 2024/

8.4.A political party shall annually submit a report on the implementation of paragraphs 8.2, and 8.3 of this Law to the National Gender Committee referred to in paragraph 18.1 of this Law.

/The term "every two years" in this paragraph was amended into the term "annually" by the law as of July 7, 2023, and it shall enter into force on July 1, 2024/

Article 9.Guarantees of gender equality in economic sphere

9.1.All citizens regardless of their gender shall have equal rights to establish and register a business entity and to engage in economic, professional and specialized activities.

9.2.Management of state central administrative bodies, local administrative bodies and local self-governing bodies, business entities and organizations of all forms of ownership shall have a duty to distribute the land, and other immovable and movable property, budget assets, financial credit, and other economic wealth and resources to men and women under equal and accessible same terms.

9.3.It shall be prohibited the gender discrimination in relations arising between citizens and legal entities in connection with material and non-material wealth that are regulated by the Civil Code of Mongolia.

9.4.It shall be prohibited the gender discrimination in the procurement procedure of goods, works and services with state and local budget, and in the provision of all types of state services.

Article 10.Guarantees of gender equality in civil service

10.1.The State shall implement the following policies in order to ensure conditions and opportunities for actual implementation of equal rights of men and women to be hired and be employed in civil service:

10.1.1.representation of any one gender among politically appointed civil servants shall not be less than 15 percent on Government, aimag and the Capital city levels, 20 percent on district, 25 percent on soum, and 30 percent on khoroo levels;

10.1.2.representation of any one gender in decision-making positions in state administration shall not be less than 15 percent among state secretaries and heads of agencies, 20 percent among managers in other central bodies, 30 percent among heads of department and division in ministries, 40 percent among heads of secretariats, divisions and offices on Governors of aimag, soum, the Capital city, and district levels;

/This sub-paragraph was amended by the law as of April 22, 2022/

10.1.3.representation of any one gender among state special service positions shall not be less than 40 percent, except in the army, border and domestic military, intelligence, police, court decision enforcement, anti-corruption and emergency agencies;

/This sub-paragraph was amended by the law as of January 16, 2014/

/This sub-paragraph was added by the law as of February 9, 2017/

10.1.4.In case of pre-dominance of one gender in the management of a state service governing positions, it shall develop policies and take measures aimed at ensuring a balanced gender ratio of 40:60 based on special programs and/or action plans. This provision shall not apply to a case referred to in sub-paragraph 6.5.6. of this Law.

10.2.Representation of any one gender in the composition of advisory or joint governance bodies such as committees, councils or commissions set up by state bodies or on the national level (hereinafter referred to as "the committee") shall not be less than 40 percent of total number of members.

10.3.In a case of predominance of one gender among the staff of a state or budget organization, the organization shall in its human resource policy incorporate and implement special policies and measures aimed at ensuring a balanced gender ratio at 40:60. This provision shall not apply to a case referred to in sub-paragraph 6.5.6. of this Law.

10.4.Provisions stated in paragraphs 11.1-11.9 of this Law shall equally apply to state bodies and civic officials.

Article 11.Guarantees of gender equality in employment and labor relations

11.1.It shall be prohibited to discriminate by gender in employment and labor relations, or  to give preference or restriction to either male or female gender unless otherwise provided by an international treaty of Mongolia and legislation, as well as  to dismiss an employee based on the reasons of pregnancy, child care, or family status.

/This paragraph was amended by the law as of July 2, 2021/

11.2.The parties shall reflect in the collective agreements and negotiations the measures aimed to provide with conditions and opportunities for a man and a woman employees to combine their job, professional right, interest with family responsibilities, to give birth and care for children, to protect their health, to work in safe working conditions, as well as to set equal salaries and additional wages for the same work, and create equal conditions.

/This paragraph was amended by the law as of July 2, 2021/

11.3.An employer shall have the following obligations to be free from gender discrimination in employment policies and labor relations and to ensure gender equality at a workplace:

11.3.1.to implement activities aimed at ensuring the gender equality on the basis of a plan and/or a program, and report to employees on their implementation and results;

11.3.2.to refrain from explicitly specifying or implying a preference for any one gender in a job vacancy notice, except in conditions under the paragraph 6.5 and Article 7 of this Law;

11.3.3.when hiring a citizen, to recruit a person of a small number of genders by taking into account the balance of gender representation in the organization and its structural units;

11.3.4.to carry out monitoring and analysis, and assessment on the implementation of legislation in connection with providing with equal salaries and payments, and setting up equal conditions for male and female employees engaged in same work or work with equal quality, and take actions to eliminate detected violations;

11.3.5.to undertake the promotion, professional training and retraining, skills development and pay increases for male and female employees based on the human resource records;

11.3.6.to promptly inform all employees with information of job vacancies and professional training and specialization training opportunities from time to time;

11.3.7.upon the request of the unsuccessful participant in a proficiency examination or selection, to provide a written explanation on the ground of selection of a candidate of the opposite sex in a given process;

11.3.8.in the event that at least one-third of all employees are dismissed due to structural changes, to set up the gender ratio of the dismissed employees to be equal to the gender ratio of all employees, regardless of their length of service;

11.3.9.to retrain employees on maternity and parental leave in order to maintain their skills and qualifications at a competitive level in the labor market;

11.3.10.to submit the reports on the gender equality by the business entities and organizations to the Secretariat's offices of Governor of the respective soums or districts within the 20th of December of each year.

11.4.The employer shall take the following measures to prevent abuse, violence, and sexual harassment in employment and labor relations, and to create an environment that does not tolerate them:

/This paragraph was amended by the law as of July 2, 2021/

11.4.1.to reflect in the labor internal norms of the organization the procedure on preventing and ceasing the abuse, violence, and sexual harassment in the employment and labor relations, and resolving the complaints issued thereto;

/This sub-paragraph was amended by the law as of July 2, 2021/

11.4.2.to develop, implement, and inform the result transparently of a program on training and retraining aimed at  creating an employment to be free from the abuse, violence and sexual harassment in the employment and labor relations.

/This sub-paragraph was amended by the law as of July 2, 2021/

11.5.An employee shall have the following rights with regards to the ensuring gender equality:

11.5.1.to obtain understanding and information on gender discrimination and abuse, violence, and sexual harassment in employment and labor relations, and to be involved in the training thereto;

/This sub-paragraph was amended by the law as of July 2, 2021/

11.5.2.to file a complaint and provide with explanation on occurrence of the gender discrimination, abuse, violence, or sexual harassment in employment and labor relations by him/herself or on behalf of the victim;

/This sub-paragraph was amended by the law as of July 2, 2021/

11.5.3.to inform the employer and the competent authorities in regards with the violation if the prohibited actions specified in paragraphs 6.1, 6.4, 7.1 and 7.2 of the Law on Labor have been arisen, and to demand to measures to be imposed a liability on the violator, and to take measures to eliminate the damages.

/This sub-paragraph was amended by the law as of July 2, 2021/

11.6.An employee shall have the following obligations on ensuring gender equality:

11.6.1.to refrain from causing abuse, violence and sexual harassment to other fellow employees of the organization, client and/ or a customer in the employment and labor relations;

This sub-paragraph was amended by the law as of July 2, 2021/

11.6.2.to duly observe other norms determined for the purpose of preventing gender discrimination, and abuse, violence and sexual harassment in employment and labor relations.

/This sub-paragraph was amended by the law as of July 2, 2021/

11.7.The rights, duties and responsibilities of an employer and an employee shall be incorporated in the internal labor regulations.

/This sub-paragraph was amended by the law as of July 2, 2021/

11.8.A candidate who has not been selected in a proficiency examination or a recruitment process shall have the right to demand from an employer a written explanation with regard to the educational, professional, working experience and other qualifications of the successful candidate of the opposite sex.

11.9.The state administrative body in charge of labor and employment matters shall provide support to employers in their activities on ensuring the gender equality.

Article 12.Guarantees of gender equality in the sphere of education and culture

12.1.Men and women shall have equal rights and equal opportunities to obtain pre-school, primary, secondary, professional and higher education, to be enrolled in formal and informal training, and to upgrade the profession, to specialize,  to receive a methodological counseling, and to receive a scholarship.

12.2.The workplaces and training environment of the principals and directors of educational institutions shall be free from gender discrimination, and the activities on gender awareness and education shall be implemented based on the plans and programs thereto.

12.3.Results of activities on ensuring the gender equality, identified violations and measures to eliminate the violations shall be included in operational reports of an educational institution. Results of activities on ensuring gender equality shall be an indicator in measuring and assessing the work performance of principles and directors of schools and kindergartens.

12.4.Education standards and curriculum for pre-school, primary, secondary, professional and higher educations shall incorporate a content, methodology and assessment in connection with gender equality to be mandatorily obtained by the  students.

/This paragraph was invalidated by the law as of July 7, 2023/

12.5.Books, textbooks, and learning materials used in general educational schools and other educational institutions shall be free of content that denies the concept of gender equality.

12.6.Adult citizens shall be provided with equal opportunities and conditions to participate in formal and informal training for the education reimbursement that aim to decrease differences in the level of education between men and women, and to access continuous educational services.

12.7.It shall be prohibited to educational institutions of all levels to set admission conditions and requirements differently, to refuse admission, to limit or refuse the provision of training and other services, or to discriminate in other ways and forms depending on gender, except as specified in sub-paragraphs 6.5.1 and 6.5.6 of this law.

Article 13.Guarantees of gender equality in the sphere of health care

13.1.The State shall take measures aimed at creating services for the specific health needs of men and women.

13.2.A funding required for combatting and prevention measures against diseases being identified as prevalent cause of mortality among women and men shall be allocated in the state budget.

13.3.It shall be prohibited to use force, coercion or violate in any way the right to prevent and protect against unwanted pregnancy and sexually transmitted infections.

13.4.It shall be prohibited to obstruct men and women from participating in reproductive and health related trainings and promotions, and from undergoing examinations and tests.

13.5.It shall be prohibited to discriminate between men and women in health services, to persuade, demand or pressure them to have an abortion.

13.6.The right of persons with low income, or living in remote areas or from ethnic minorities to safe motherhood and childcare shall be maintained, and the measures to improve quality and access of care and services necessary to them shall be taken.

Article 14.Guarantees of gender equality in family relations

14.1.It shall be prohibited for the spouse and/or person who is not registered with the state authority but who is cohabiting from restricting or obstructing the right of his/her spouse or cohabitant to work in his/her profession or freely participate in social life in any other way.

14.2.It shall be prohibited to violate the human rights and freedoms of a man or a woman, such as marrying, entering into or changing a marriage contract, voluntarily terminating  a marriage, raising a child, or participating in family relations.

14.3.Spouses shall have equal rights and obligations to jointly decide on the number of children and the period between births, and to protect against unwanted pregnancy.

14.4.Mothers and fathers shall be responsible for providing their children with social roles and liabilities, joint equal participation in raising their children, the concept of gender equality, view and behaviors on non-discrimination of people based on gender through their own example and family upbringing.

14.5.The right of a family member to participate in determining the share of property for each family member from the commonly owned properties, to manage it, to earn income, and to conduct activities to fulfill other needs of the family shall not be restricted based on gender.

14.6.Evaluation of unpaid work performed by spouses after marriage such as housework and family business, taking care of children and the elderly shall be considered as a contribution to the creation of social wealth and the household economy.

CHAPTER THREE

MANAGEMENT AND ORGANIZATION OF ACTIVITIES TO ENSURE GENDER EQUALITY

Article 15.Powers of the State Great Khural with regard to ensuring gender equality

15.1.The State Great Khural shall have the following powers with regard to ensuring gender equality:

15.1.1.to define that state policies and legislations to have based on the human rights and ensured gender equality;

15.1.2.to improve the legal framework to ensure guarantees of equal rights, equal opportunities, and equal treatment for men and women in compliance with the gender equality principles and norms established by this Law and international treaties of Mongolia;

15.1.3.to approve funds sufficient for the achievement of aimed objectives and planned results within the framework of the economic, social, legal and other state policies to ensure gender equality of men and women stipulated in the Constitution of Mongolia, other relevant legislation, and international treaties of Mongolia;

15.1.4.to discuss and issue assessments every two years on the following reports and presentation:

15.1.4.a.the report of the Government in regards with the implementation and results of activities to ensure gender equality;

15.1.4.b.the report of the National Human Rights Commission of Mongolia on the state of implementation of the legislation on ensuring gender   equality and on the resolution of complaints in connection with the gender discrimination;

15.1.4.c.the report of the Civil Service Council on the state of gender equality in the civil service, and the progress and results of the measures taken to prevent gender discrimination and sexual harassment;

15.1.4.d.the regular report of Mongolia on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women.

 15.1.5.other powers specified in the law.

Article 16.Powers of the Government with regard to ensuring gen der equality

16.1.The Government shall exercise the following powers with regard to ensuring gender equality:

16.1.1.to incorporate measures to ensure gender equality activities in the annual national development plan and sectoral development policies and programs, introduce gender sensitive budgeting system, implement programs aimed at ensuring the gender equality and special measures specified in Article 7 of this Law, to be approved sufficient financing sources for their implementation;

/This sub-paragraph was amended by the law as of December 17, 2021/

16.1.2.to complete statistic information classified by the sex, to be conducted analysis on whether ensured the gender equality or not, to ensure to disseminate its findings to customers and the public;

16.1.3.to take measures to create human and financial resources to develop and implement gender sensitive development policies;

16.1.4.to organize public awareness raising activities aimed at cultivating gender equality culture among the population, and to take measures to protect public from the information, propaganda and advertisement aimed to the gender discrimination;

16.1.5.to adopt and implement civil service standards in compliance with the objective to be free from gender discrimination in activities and workplaces of the state authority;

16.1.6.to issue and adopt instructions, procedures and recommendations within its competence to ensure gender equality;

16.1.7.to report to the State Great Khural on the results of policies and activities on ensuring the gender equality.

16.2.The Government shall undertake a responsibility to provide with integrated management of the policy and methodology to reflect the assessment of unpaid house works and household business labor into the extended system of national settlements.

Article 17.Powers of the Prime Minister of Mongolia with regard to ensuring gender equality

17.1.The issue of ensuring gender equality shall be within the jurisdiction of the Prime Minister of Mongolia.

17.2.The Prime Minister of Mongolia shall head the National Gender Committee and supervise the operation of the Committee.

Article 18.Function of the National Gender Committee

18.1.The National Gender Committee shall be a non-staff organization creating guarantees to maintain equal participation by the public and the state in implementing the policy on ensuring gender equality, and to work sustainably. The National Gender Committee shall have an office.

18.2.The Government shall approve the composition of the National Gender Committee based on the suggestion by the Prime Minister of Mongolia.

18.3.The National Gender Committee shall implement the following functions with regard to ensuring the gender equality:

18.3.1.to organize activities on the development, implementation, and monitoring of the enforcement of the policies, programs, and special measures on ensuring gender equality;

18.3.2.to create economic and legal guarantees to implement a policy on ensuring the gender equality and to provide with methodological guidance on the activities to develop them;

18.3.3.to get acquainted with and issue recommendations on the implementation and results of legislation, policies, programs, and recommendations issued by international organizations on the matters in connection with ensuring the gender equality;

18.3.4.to organize the activities on development, implementation, and monitoring of the enforcement of policies, programs, projects and measures aimed to  strengthen the national capacity necessary for ensuring the gender equality in state bodies and social framework;

18.3.5.to organize the preparation of the reports referred to in provision 15.1.4.a of this Law;

18.3.6.to get acquainted with and provide a comment on drafts of the reports referred to in provisions 15.1.4.c and 15.1.4.d of this Law;

18.3.7.to get acquainted with and provide a comment on draft of the report referred to in sub-paragraph 18.3.15  of this Law;

18.3.8.to organize activities on creating a gender database, and establishing an integrated information network, and disseminating gender information to the customers;

18.3.9.to ensure participation of the mass and private sector organizations and citizens in the ensuring, strengthening and protecting the gender equality;

18.3.10.to organize the activities on awareness and promotion of state policies and legislation on ensuring the gender equality to business entities, organizations and the public in cooperation with the media, mass and private sector organizations and to report on results of the work on ensuring the gender equality;

18.3.11.to discuss and to make opinion on reports and information of gender branch committees and councils;

18.3.12.to nominate for awards business entities, organizations and citizens that achieved outstanding results on ensuring gender equality;

18.3.13.to discuss and approve the structure, organization, and charter of the National Gender Committee and its office;

18.3.14.to organize the activities on conducting research and analysis on status of  implementation of the legislation on gender equality;

18.3.15.to prepare and submit to the Government reports on the status of the implementation of the legislation, policies, and programs in connection with ensuring the gender equality;

18.3.16.to expand cooperation to be made with international organizations and foreign  countries on the matters on ensuring the gender equality.

18.4.The National Gender Committee shall have branch committees at local level, and branch council at state central administrative body.

18.5.The National Gender Committee shall report to the Government.

Article 19.Functions of state central administrative and local administrative bodies with regard to ensuring gender equality

19.1.The state central administrative and local administrative bodies shall exercise the following function with regard to ensuring gender equality:

19.1.1.to introduce a gender sensitive methodology in the respective sector's and local development policies, general strategies, programs and projects; to conduct gender equality analysis of drafts of these documents and discuss on their reports and make opinion;

19.1.2.to complete statistic data classified by sex in the respective sector and  local level, and to assess the state of gender equality and policy impacts;

19.1.3.to submit to the Government the assessment reports on conducting analysis with respect to whether the draft documents including sectoral policies, plans, programs and projects are ensuring the gender equality or not along with the recommendations thereof;

19.1.4.to establish gender branch councils or committees with functions to advise, and to approve their composition and working procedures;

19.1.5.to be performed some functions on ensuring gender equality of state bodies by the mass organizations and non-governmental organizations based on the contract, and to be approved the necessary expenses thereto by reflecting them in the annual budgets;

19.1.6.to conduct gender training and awareness raising programs within the sector and local level;

19.1.7.to organize the measures specified in paragraph 11.4 of this Law in accordance with the characteristics and requirements of the respective sector and locality;

19.1.8.to submit reports on gender equality in staffing of state central administrative and local administrative body by the Governor of soums and districts to the Governor of aimag and the Capital city within the 10th of January, and to submit the report by the Governor of aimag and the Capital city to the National Gender Committee within the 10th February of subsequent year;

19.1.9.to submit a report on the implementation progress and results of ensuring gender equality activities by the state central administrative body to the National Gender Committee by the 10th February of subsequent year.

19.2.The state central administrative and local administrative body may be performed  the tasks on development of a legislation, policy, general plan, program and project, as well as the gender equality research and analyses by the non-governmental organization engaging activities on the field of ensuring gender equality.

Article 20.Powers of local self-governing body with regard to ensuring gender equality

20.1.Local self-governing body shall exercise the following powers with regard to ensuring gender equality:

20.1.1.to incorporate legislation and state policies on ensuring gender equality into local economic and social development policies, and to monitor their implementation;

20.1.2.to allocate funds from local budgets for activities on ensuring gender equality within their respective territories;

20.1.3.to support the activities and to develop cooperation with all organizations, business entities and citizens on ensuring gender equality;

20.1.4.to have Citizens' Representatives Khural of aimag and the Capital city submitted by 20th February of each year to the National Gender Equality Committee the reports on the implementation of state policies on ensuring gender equality.

20.2.The Citizens' Representatives Khural of aimag, soum, the Capital city, and district shall discuss the reports by respective level governors on the implementation progress and results of the legislation on ensuring gender equality and human rights, and to inform the public on the results.

/This paragraph was amended by the law as of April 22, 2022/

Article 21.Functions of the Civil Service Council with regard to ensuring gender equality

21.1.Civil Service Council shall exercise the following functions with regard to ensuring gender equality:

21.1.1.to create a statistical data and information system classified by sex of civil service, and to provide the State Great Khural, the President, the Government and other interested parties with this data and information;

21.1.2.to introduce norms and standards aimed at maintaining the civil service free from gender discrimination, and to provide branch and councils referred to in paragraph 18.4 of this Law with professional and methodological guidance;

21.1.3.to monitor the complaint resolution activities on gender discrimination within the  civil service;

21.1.4.to monitor the fulfillment of paragraphs 10.1, 10.3, 10.4, and sub-paragraph 11.3.2 of this Law.

21.2.The report referred to in provision 15.1.4.c of this Law shall be discussed by the State Great Khural, and the implementation of the decisions shall be organized.

Article 22.Participation of mass organizations in ensuring gender equality

22.1.Participation of mass organizations in ensuring gender equality shall be as follows:

22.1.1.to participate in development, implementation and monitoring the enforcement of the legislation, state policies, and other decisions aimed at ensuring gender equality, and to protect the violated rights of citizens;

22.1.2.to obtain information in connection with ensuring gender equality, financial, methodological and other support from the state authority;

22.1.3.to express their position on the state of gender equality.

22.2.Pursuant to the Article 19 of the Law on Government of Mongolia, non-governmental organizations may perform, on a contract basis, specific duties of governmental agencies with regard to ensuring gender equality.

CHAPTER FOUR

RESOLUTION OF COMPLAINTS ON VIOLATION OF GENDER EQUALITY LEGISLATION

Article 23.Filing of complaints on the violation of gender equality

23.1.Violation of articles and paragraphs other than Article 14 of this Law shall be grounds to filling a complaint with the National Human Rights Commission of Mongolia.

23.2.A trade union and/or other mass organization shall have the right to lodge a complaint if they consider that a business entity, organization and/or an official violated the ensuring the gender equality  as well as equal rights, equal opportunities and equal treatment of men and women guaranteed by this Law.

23.3.If an employee of a state authority, business entity or organization commits an act of gender discrimination in a workplace, the employer shall also deemed to have violated this Law.

Article 24.Resolution of complaints on violation of the ensuring gender equality

24.1.The National Human Rights Commission of Mongolia shall implement activities on conducting external monitoring in the implementation of the gender equality related provisions of the Constitution of Mongolia, other laws, and international treaties of Mongolia, receiving and resolving the complaints in connection with the violations of these legislation within its jurisdiction stipulated by the Law on the Human Rights Commission.

24.2.If it is determined that the ground of a complaint in connection with the violation of gender equality can be resolved within the framework of the labor contract or collective agreement or bargaining, the parties to the agreements shall have the complaint resolved under the labor rights and interests dispute resolution procedure.

/This paragraph was amended by the law as of July 2, 2021/

24.3.Disputes issued in accordance with the Article 14 of this Law shall be resolved under the procedure specified in the Law on Civil Procedure.

24.4.Personal Information revealed in the proceedings of the court procedure on sexual harassment shall be regarded as confidential and is subject to protection under the Law on Personal data protection.

/This paragraph was amended by the law as of December 17, 2021/

CHAPTER FIVE

LIABILITY TO BE IMPOSED ON THE VIOLATORS OF THE LEGISLATION

Article 25.Liability to be arisen for causing damage

25.1.If an employee violates this Law while performing the duties stipulated in the employment contract or the terms of contract of the position, and causes damage to others, the employer shall be held liable according to the paragraphs 498.1 and 498.2 of the Civil Code of Mongolia for reimbursement of the damage incurred.

25.2.The employer may be exempted from liability under paragraph 25.1 of this Law if he or she proves to have undertaken measures provided in paragraph 11.4 of this Law.

Article 26.Liability to be imposed on the violators of legislation on ensuring gender equality

26.1.The person who violates this Law shall be subject to liability specified in the Law on Civil Service and other related laws.

/This paragraph was modified by the law as of December 4, 2015/

26.2.The person who obstructs in the exercising of the powers by the Human rights commissioner upon refusing to furnish information and documentation required for resolving a complaint filed with the National Human Rights Commission of Mongolia without any justifiable grounds, he/she shall be held liable according to the relevant law.

/This paragraph was amended by the law as of December 4, 2015/

26.3.The person who committed an act of direct discrimination based on gender in family relations shall be subjected to attend a mandatory behavior organized training specified in Law on Combating Domestic Violence.

CHAPTER SIX

MISCELLANEOUS

Article 27.Monitoring of the implementation of legislation on ensuring gender equality

27.1.The legislation on ensuring gender equality shall be monitored by the State Great Khural, the Government, Governors of aimag, soum, the Capital city and district within scope of their respective competence.

/This paragraph was amended by the law as of April 22, 2022/

27.2.The trade unions and other mass organizations as well as citizens shall implement public monitoring in ensuring the gender equality as well as in the implementation of guarantees of equal rights, equal opportunities and equal treatment of men and women.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA DEMBEREL.D