LAW OF MONGOLIA

December 22, 2016                                                                                  Ulaanbaatar city

(2022.09.06-ны өдрийн орчуулга) Unofficial translation

ON COMBATTING DOMESTIC VIOLENCE

/Revised edition/

chapter one

GENERAL PROVISIONS

Article 1. Purpose of the Law

1.1.The purpose of this law is to establish the legal framework of the system and functions to detect  domestic violence and tackle or deter acts of violence through legal measures, to protect the life, health and safety of a victim and his/her family members, to provide necessary services and prevent any domestic violence.

Article 2. Legislation to Combat Domestic Violence

2.1. Legislation to Combat Domestic Violence shall consist of the Constitution of Mongolia, the law on Prevention of Crime and Violations, this law, and other llegislative acts enacted in conformity with them.

/This paragraph was amended by the law as of June 06, 2019/

2.2. If an international treaty, to which Mongolia is party, provides otherwise than this law, then the provision of such international treaty shall prevail.

Article 3. A person applicable under the scope of the Law

3.1. This law shall apply to the following entities:

3.1.1. wife, husband, other family members, cohabitants, guardians, dependents, persons who are under custody or care, and other persons who are presently residing within the family; 

3.1.2. natural child or adopted child, biological or adoptive parents, brothers, sisters or younger siblings living separately. 

3.2. The provisions of this law apply equally to divorced spouses, cohabitants, or persons who were in a family relationship or having or having had a child in common even without cohabitation.

Article 4. Principles of Activities to Combat Domestic Violence

4.1. In addition to the principles stipulated in the Constitution of Mongolia, the following principles shall be maintained in activities to combat domestic violence:

4.1.1. to treat victims with dignity and respect, not to blame or discriminate in any way;

4.1.2. to protect child's rights and legal interests as a primary consideration;

4.1.3. to protect  the life and health of a victim and ensure victim's safety promptly;

4.1.4. to keep a secret;

4.1.5. to ensure inter-sector cooperation and liaison and be integrated or unified;

4.1.6. to ensure zero tolerance for violence.

Article 5. Definitions

5.1. The following terms used in this law shall be understood as follows:

5.1.1."domestic violence" means any actions or omissions of a person specified in Article 3 of this law that are directed against a person referred to this law, that result in physical, sexual, psychological or economic harm or suffering, including threats of such acts, and deprivation of liberty;

5.1.2."victim of domestic violence" /"victim"/ is a person who has suffered from domestic violence that result in psychological, economic, physical and sexual harm and abuse; 

5.1.3."one stop service" is an activity to provide a temporary accommodation for survivors or victims in hospital or government or non-government organizations and to give access to medical assistance and other services specified in this law;

5.1.4."joint team to combat domestic violence" /"joint team"/ means an organizational unit led by the Governor of the soum or section/khoroo providing services jointly specified in Articles 37, 38.1.1, 40, 41, and 42 of this law to a victim and his/her family members;

5.1.5."temporary shelter" means a standard place to accommodate a victim for a certain period of time and to provide services specified in this law;

5.1.6."cohabitant" refers to a person who lives together in a family relationship as mutually agreed without being married;  

5.1.7."intermediary service" is a service to facilitate communication and cooperation with the related government and non-government organizations in order to eliminate negative consequences caused to a victim and his/her family members due to domestic violence, to recover victims from abuse into normal condition and to help in healing process;

5.1.8."potential risk of violence" is a situation that may lead to domestic violence, or relapse.

Article 6. Forms of Domestic Violence

6.1. The following actions stipulated in this law are considered as forms of domestic violence:

6.1.1. Physical violence;

6.1.2. Psychological violence;

6.1.3. Economic violence;

6.1.4. Sexual violence.

6.2. Physical violence is any act or omission of a person specified in Article 3 of this law that have caused or may cause physical harms to the life and health of a person referred to this law.

6.3. Psychological violence is any acts of a person specified in Article 3 of this law that refer to threatening conduct against wills of a person referred to this law, or coercion, ignorance, defamation, stalking, restricting communication with others, verbal insult or harassment, or that cause emotional pain in other ways.

6.4. Economic violence is any acts by a person specified in Article 3 of this law that result in the economic dependency by means of violating the rights to access, use or dispose salary, pension, allowance, or other equivalent resources, allocated or co-owned properties, and restricting access to financial resources, depriving of necessary needs, and not complying with economic responsibilities such as alimony and  causing property and economic damages to persons referred to this law.

6.5. Sexual violence is any sexual act by violence or coercion performed by a person specified in Article 3 of this law against the person referred to this law that result in physical force taking advantage of his/her position.

6.6. The form of domestic violence specified in this article shall be taken into account when assessing the situation and providing services to victims.

Article 7. Prohibitions for Domestic Violence

7.1. It is prohibited to intimidate, threaten, stalk, harass or coerce, accuse, or hinder the actions of a person or witness who reported or provided information on domestic violence, or a person who provided assistance or support to a victim, or an official or employee who is performing the duties specified in this law.

7.2. It is prohibited to disseminate or distribute any news, information or advertisements that promote domestic violence or attack the victim's life, health, safety, privacy, or dignity through media or in any other forms.

7.3. It is prohibited to set any restrictions on the victim's enjoyment of his rights provided by law in connection with his/her religion, culture and customs.

Article 8. Ensuring Rights of the Victim

8.1. In addition to the Law on Protecting Witnesses and Victims and the Criminal Procedure Code, the rights of the victim shall be ensured as follows:

8.1.1. Organizations and officials who receive complaints and information or reports on the protection of the life, health and safety of the victim and his/her family members will give priority to respond such cases;

8.1.2. Officials who receive and review or investigate information on crimes and violations related to domestic violence shall keep confidentiality of personal information of the victim and other members of his/her family and prevent any disclosure;

8.1.3. If a victim is considered as exposed to domestic violence or as being under the potential risk of violence, such victim shall be given an access to report or submit a complaint in person or through an authorized representative or by others;

8.1.4. Any services specified in this law shall be rendered to the victim or a person at potential risk of violence, regardless of whether proceedings are in progress;

8.1.5. An official who is legally obliged to review and resolve complaints and information on crimes and violations related to domestic violence shall ensure the safety of the victim or his/her family members, and  immediately isolate them, and take measures to tackle the violence;

8.1.6. The victim will be given an access to participate in decision-making or voting process on matters relevant to him/her, and to submit a complaint on the decision made by the official;

8.1.7. Persons authorized to provide legal assistance, or lawyers, governmental and non-governmental organizations shall represent the interests of the victim in accordance with the law;

8.1.8. An official who reviews and investigates the crime or offence shall present and explain to the victim the information on the timeframe, reviewing and investigation process and circumstances of domestic violence crimes and violations as well as the liability imposed on a perpetrator;

8.1.9. An employer shall maintain the victim's job and position during the period of protection provided by this law;

8.1.10 other rights stipulated by the law.

CHAPTER TWO

SYSTEM TO COMBAT DOMESTIC VIOLENCE

Article 9. Authority of the State Great Khural to Combat Domestic Violence

9.1. The State Great Khural of Mongolia shall exercise the following powers and authority to combat domestic violence:

9.1.1. to determine the policy to be followed by the government on fighting against domestic violence;

9.1.2. to monitor the implementation of legislation to combat domestic violence;

9.1.3. to ensure approval of the operation cost of combating domestic violence for an annual state budget;

9.1.4. others as stipulated in the law.

Article 10. Authority of the Government of Mongolia to Combat Domestic Violence

10.1. The Government of Mongolia shall exercise the following powersand authority to combat domestic violence:

10.1.1. to organize the implementation of laws to combat domestic violence;

10.1.2. to take measures to include the operation cost for implementing policies and programs on combating domestic violence in an annual state;
/This sub-paragraph was amended by the law as of December 17, 2021/

10.1.3. to coordinate the planning and implementation of the policy on combating domestic violence based on the implementation of relevant laws and statistics, analysis, and research;

10.1.4. others stipulated by law.

Article 11. Duties and Functions of the State Central Administrative Body In Charge of Legal Issues

11.1. The state central administrative body in charge of legal issues shall implement the following and duties functions to combat domestic violence:

11.1.1. to organize work to combat and prevent domestic violence in accordance with this law and the Law on Prevention of Crimes and Offences;

/This sub-paragraph was amended by the law as of June 06, 2019/

11.1.2. to organize trainings, information sessions, and promotion events for public awareness on laws and regulations for combating domestic violence and prevention of violence;

11.1.3. to monitor the sector-wide implementation of laws on combating domestic violence;

11.1.4. to maintain statistical information and statistics on domestic violence, and to establish and approve procedures for database, law enforcement functions and exchanging information across and within other related organizations, in consultation with the State Prosecutor General, and to supervise their implementation;

11.1.5. to include the content of acquiring the skills to apply the laws against domestic violence in the training programs/curriculums and standards for the training of law enforcement officers;

11.1.6. to supervise the status of inclusion of duties and functions specified in this law in the job descriptions of employees of affiliated agencies and organizations;

11.1.7. others as stipulated in law.

Article 12. Duties and Functions of Coordination Council for Crime Prevention

12.1. The Coordination Council for Crime Prevention shall implement the following duties and functions to combat domestic violence:

12.1.1. to provide unified management for organizing the implementation of policies and laws to combat and prevent domestic violence;

12.1.2. to coordinate, direct and monitor inter-sectoral cooperation for the issue on combating domestic violence;

12.1.3. to develop a proposal to improve relevant legislations in the field of combating and preventing domestic violence;

12.1.4. to compile relevant information in accordance with the procedures specified in Article 11.1.4 of this law, and to analyze the causes and conditions of violence, make recommendations, and organize work to ensure implementation;

12.1.5. to cooperate with professional organizations to monitor whether the job description of an employee who is responsible for providing the services to a victim by this law is being approved and enforced, and to maintain a control on implementation of the relevant rules and regulations, and the retraining and advanced training program of such employee;

12.1.6. to ensure discusssion on the issue to establish a temporary shelter and one-stop service center by state budget funds at the Government meeting for approval;

12.1.7. others stipulated in the law.

12.2. The Coordination Council for Crime Prevention shall implement the following duties and functions to combat domestic violence:

12.2.1. to submit a proposal to the Governor of that level to reflect funding in the budget that is required for planning and implemention of prevention of domestic violence and provision of services to the victims within the jurisdiction as specified in this law;

12.2.2. to organize retraining and advanced trainings for employees who are responsible for providing services to victims as specified in this law, and to provide professional and methodical management;

12.2.3. to ensure discussion of an issue on establishing temporary shelters and one-stop service centers with local budget funds at the Citizens' Representatives Meeting for approval;

12.2.4. to provide a joint team with professional and methodical management and an assistance and support, and to supervise and give directions.

Article 13. Duties and Functions of the State Central Administrative Body in Charge of Social Welfare Issues

13.1. The central state administrative body in charge of social welfare issues shall implement the following duties and functions to combat domestic violence:

13.1.1. to provide temporary shelter services, social welfare and child protection services, psychological counseling and intermediary services;

13.1.2. to approve a retraining program and the procedure for organizing training for employees who are responsible for providing services specified in Article 13.1.1 of this law, and monitor their implementation;

13.1.3. to monitor the status of inclusion of duties and functions specified in this law in the job descriptions of employees of affiliated agencies and organizations;

13.1.4. to support activities of non-governmental organizations operating in the field of training and providing methods to service providers specified in Article 13.1.1 of this law, and to finance such activities on the basis of contracts;

13.1.5. others stipulated in the law.

Article 14. Duties and Functions of the State Central Administrative Body in Charge of Education Issues

14.1. The state central administrative body in charge of education issues shall implement the following duties and functions to combat domestic violence:

14.1.1. include the contents of non-violent communication for conflict resolution, and knowledge on protecting yourself against risk, and communication skills in all levels of education curriculum and standards;

14.1.2. to approve and supervise the implementation of violence prevention procedures in educational institutions and dormitories;

14.1.3. to monitor the inclusion of duties and responsibilities specified in this law into the job description of an employee of the educational institution;

14.1.4. to specify and monitor the contents of acquisition of skills in training and refresher training programs of all levels of educational institutions for detecting a child exposed to domestic violence or as being under the potential exposure to violence, or for providing services, assistance, and support to such children;

14.1.5. to approve the procedure for continuous involvement of children affected by domestic violence in basic education services;

14.1.6. others stipulated in the law.

Article 15. Duties and functions of the State Central Administrative body in Charge of Health Issues

15.1. The state central administrative body in charge of health issues shall implement the following duties and functions to combat domestic violence:

15.1.1. to finance the costs of one-stop services specified in article 36 of this Law and psychotherapy services specified in article 38.1.2 of this Law;  

15.1.2. to provide management and organization to one-stop service center established in a hospital with the function of providing services to victims specified in article 33.1 of this law; 

15.1.3. to study the effects of domestic violence on public health, the causes of accidents or incidents, injuries and illnesses, and to create a database;

15.1.4. to organize training and refresher qualification trainings aimed at detecting or identifying a person who has been exposed to or is being at potential exposure to domestic violence, providing emergency and primary care and services, and improving the skills of medical professionals;

15.1.5. to monitor the inclusion of duties and responsibilities specified in this law into the job description of an employee of the health institution;

15.1.6. others stipulated in the law.

Article 16. Duties and Functions of the State Central Administrative Body in Charge of Cultural and Arts issues

16.1. The state central administrative body in charge of cultural and arts issues shall implement the following duties and functions to combat domestic violence:

16.1.1. to define a policy aimed at fostering positive behaviors and attitudes in society that respect human rights, freedom, and equality and encourage harmonious family relationships, and to monitor implementation and organize promotion work;

16.1.2. to prevent or monitor and limit or restrict any dissemination of cultural and artistic events, works of art and literature that express or illustrate violence to public; 

16.1.3. others stipulated in the law.

Article 17. Duties and Functions of the Prosecutor Office

17.1. The prosecutor's office will conduct a thorough analysis and investigation for each case of loss of human's life occurred due to domestic violence, and make a conclusion, and send a notification to relevant organizations and officials for remedial actions to eliminate the causes and conditions of the committed crime, and monitor its implementation.

17.2. The State Prosecutor General shall jointly approve the procedure on safety of the victim with the Cabinet member in charge of legal affairs, and shall take measures to coordinate its implementation.

Article 18. Duties and Functions of the Citizens' Representatives Meeting of Province, Soum, Capital City and District

/The title of this article was amended by the law as of April 22, 2022/

18.1. The Citizens' Representatives Meeting of Provinces, Soums, the Capital city and Districts shall implement the following duties and functions to combat domestic violence:
/This paragraph was amended by the law as of April 22, 2022/

18.1.1. to approve a program for prevention of domestic violence and protection of victims within the respective jurisdiction and ensure a control on its implementation;

18.1.2. to reflect an operational cost in the local budget and approve it to combat domestic violence within the respective jurisdiction as submitted by the Governor and discuss the performance report;

18.1.3. to establish a one-stop service center and a temporary shelter with local budget funds, taking into account the population, and occurrence of domestic violence crimes and violations;

18.1.4. to discuss and give direction to the governor's reports and information on combating domestic violence;

18.1.5. to establish a joint team in the soum or section/khoroo and monitor its activities;

18.1.6. others stipulated in the law.

Article 19. Duties and Functions of the Governor at all levels

19.1. Governors of all levels shall implement the following duties and functions to combat domestic violence:

19.1.1. to take measures to publicize and implement laws on combating domestic violence within the jurisdiction, and to plan and implement measures to determine the causes and conditions of violence and ensure remedial actions;

19.1.2. to provide a joint team with unified management and create sustainable working environment;

19.1.3. to submit a proposal to establish a one-stop service center and a temporary shelter with local budget funds to the Citizens' Representatives Meeting, and to ensure implementation of the decision issued;

19.1.4. to develop a draft plan that defines the short and long term prospective and activities to combat domestic violence and its required costs for the community development annual plan and budget for combating domestic violence, and to submit it to the Citizens' Representatives Meeting for approval and ensure the implementation of decisions issued;

/This sub-paragraph was amended by the law dated on December 17, 2021./

19.1.5. to submit a proposal to the Citizens' Representatives Meeting to include expenses related to the provision of services to victims in the budget, and to report on the performance;

19.1.6. to ensure the provision of services to victims within the respective jurisdiction, and to provide social workers with rooms for individual meeting with victims and necessary equipment, and to ensure stable working conditions;

19.1.7. to support activities of non-governmental organizations operating in the field of fighting against domestic violence, and to finance them on the basis of contracts;

19.1.8. to engage citizens and the public in the prevention of domestic violence, and to reward and encourage persons, communities, business entities, enterprises and organizations that are active and initiative in this field;

19.1.9. others stipulated in the law.

Article 20. Joint Team

20.1. The joint team consists of family doctors, social workers of soum/sub-district, khoroo/section, school, welfare units, child and family development units, police officers, and representatives of non-governmental organizations that provide services in this field. The joint team is headed by the Governor of the soum/sub-district and khoroo/section.

20.2. The joint team shall implement the following duties:

20.2.1. to organize public trainings and promotion work on the prevention of domestic violence in cooperation with non-governmental organizations operating in this field;

20.2.2.  to identify and report families at potential risk of violence, and to plan and implement actions to tackle violence;

20.2.3. to plan and implement services for the victim based on the assessment of the situation;

20.2.4. to organize work to protect and rehabilitate or recover victims, provide social care and services, and involve them in other necessary services;

20.2.5. to facilitate the recovery or improve improve a participation in social life through supporting the employment of a person who has been exposed to or is being at potential exposure to violence, involving a concerning person in professional training or accessing to public health services, and providing support to his/her family;

20.2.6. to submit statistical information on services provided to the victim to the relevant organization.

20.3. The procedure for operation and funding of the joint team shall be jointly approved by the members of the Government in charge of social security, legal and health issues.

Article 21. Duties and Functions of the State Central Administrative Body in Charge of Child and Family Issues

21.1. The state central administrative body in charge of child and family issues shall implement the following duties and functions to combat domestic violence:

21.1.1. to create a database related to temporary shelter services specified in article 35 of this law, psychological counseling services specified in article 38.1.1, social welfare and child protection services specified in articles 40 and 41 of this law;

21.1.2. to approve the procedures for mediation and supervision of alternative care and welfare services, and monitor their implementation;

21.1.3. to organize a nationwide special telephone service for emergency assistance to children;

21.1.4. to approve the procedure for provision of services to abused children, and to monitor its implementation;

21.1.5. others stipulated in the law.

Article 22. Duties and Functions of Non-Governmental Organizations

22.1. The non-governmental organization may perform the following duties and functions to combat domestic violence on the basis of a contract in compliance with its charter:

22.1.1. to ensure supports to prepare employees who are responsible for providing services specified in article 33.1 of this law, and to re-train or provide professional methodology to them;

22.1.2. to disseminate information on the prevention of domestic violence to the public and to organize trainings and advertisements for public awareness;

22.1.3. to provide the victim with a temporary shelter and other services specified in this law.

22.2. The functions specified in Articles 22.1.1 and 22.1.3 of this law shall be performed by an accredited non-governmental organization operated in this field on the basis of a contract.

22.3. Funding, employees' salaries and bonuses provided to non-governmental organizations that provide services on the basis of the contract specified in article 22.2 of this law shall not be less than those of government organizations providing similar services. 

22.4. The non-governmental organization shall carry out activities to protect any rights and legal interests of a victim at the request of the victim through the authorized representative.

22.5. The authorized representative specified in article 22.4 of this law shall have the following rights:

22.5.1. to communicate or liaise with governmental and non-governmental organizations and other entities for protecting the rights and legal interests of victims;

22.5.2. to obtain information related to domestic violence;

22.5.3. submit proposals to authorized organizations and officials regarding the actions to combat or prevent domestic violence and protect victims;

22.5.4. to participate in case reviewing process or proceedings and in execution process of court decisions at the request of a victim;

22.5.5. to seek supports from relevant organizations, legal and other entities in order to protect the  life, health, safety, legal rights and interests of a victim;

22.5.6. others stipulated in the law.

22.6. According to this law, the procedure for accreditation of non-governmental organizations providing services to victims shall be jointly approved by the members of the Government in charge of legal, social welfare and health issues. 

CHAPTER THREE

MEASURES TO DETECT AND END DOMESTIC VIOLENCE

Article 23. Detecting and Reporting Domestic Violence

23.1. If the following officials find out while he or she is on his/her duty about a situation in which domestic violence has been committed or is likely to be committed, she or he is obliged to report such case to the police organization or, in the absence of a police officer, to the governor of the soum/sub-district, or bagh/unit or khoroo/section:

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

23.1.1. teachers, school social workers, and other employees of educational institutions of all levels;

23.1.2. employee who is in charge of health, social, child and family issues;

23.1.3. the relevant official of the soum, bagh, district and khoroo/section;
/This sub-paragraph was amended by the law as of April 22, 2022/

23.1.4. civil servants, employees of non-governmental organizations performing public services under contract;

23.2. Unless otherwise provided by law, a citizen or legal entity may report a situation where domestic violence has been committed or is likely to be committed, to the police or, in the absence of a police officer, to the governor of the soum/sub-district, or bagh/unit or khoroo/section.

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

23.3. Information can be given orally, in writing, or by phone, or in an electronic form.

23.4. Regardless of the forms of reporting, any organization or officials who received the information is obliged to stop or tackle the domestic violence by any means prescribed by law, and if the life and health of a victim is deemed as under the immediate threat, or if the environment is deemed dangerous or harmful, they should take measures to protect the victim immediately.  

23.5. Complaints and information on crimes and violations related to domestic violence shall be submitted to the nearest police station, regardless of the jurisdiction of the perpetrator or victim.

23.6. Any organizations and officials who receive information as specified in 23.1 of this law are obliged to keep the confidentiality of such reporting person.

23.7. The relevant official shall not disclose any information on victims, witnesses, and reporting persons during the course of performing his/her duties.

Article 24. Duties and Obligations of Governors of soums/sub-district, bags/unit and khoroo/section

/The title of this article was amended by the law as of April 22, 2022/

24.1. The governor of the soum, bagh and khoroo shall take the following measures promptly in order to stop or tackle the violence and ensure the life, health, and safety of a victim:

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

24.1.1. to call out a perpetrator of violence, and make demands and give warnings;

24.1.2. to ensure an access to emergency medical care for a victim, if necessary, take measures to ensure the safety of the victim's home, and if possible, give the victim to the temporary protection or care of a relative, or close person;

24.1.3. to explain any rights and obligations to the victim stipulated in this law and other laws, and to provide a victim with information on provision of services;

24.1.4. to inform a social worker of the soum, bagh or khoroo with the consent of the victim;

24.1.5. to ask investigation questions from victims, perpetrators of violence, and witnesses regarding the violence, take notes or keep records, and conduct other necessary actions;

24.1.6. to notify police officers of the measures taken in accordance with Articles 24.1.1, 24.1.2, 24.1.3, 24.1.4, and 24.1.5 of this law and transfer the relevant records;

24.1.7. others stipulated in the law.

24.2. If the governor of soum, bagh or khoroo considers that the victim has suffered or may be seriously harmed physically or emotionally, or the child has been abused or is likely be abused, the governor shall inform a social worker of soum, bagh or khoroo, or a social worker of the school regarding such case regardless of whether the victim has given a consent.

/This paragraph was amended by the law dated on April 22, 2022./

Article 25. Duties of Police and Police Officers

25.1. In addition to the provisions of the Law on Police and the Law on Criminal Procedure, the police organization undertakes the following duties to combat offences and crimes of domestic violence:

25.1.1. to keep records of perpetrators and victims of violence, create and use a general database;

25.1.2. to receive the information specified in article 23 of this law, to provide necessary counselling or advice, and to operate 24-hour hotline. 

25.2. In consideration of the local population, and local criminal and social order condition, the police organization may have a unit consisting of qualified police officers.

25.3. Psychologists, social workers, and officers for children's rights shall be involved in activities of a unit to provide services and ensure the safety of a victim specified in 25.2 of this law.

25.4. A police officer may enter a residence of others and conduct the following operations in order to stop or tackle domestic violence:

25.4.1. to check the safety of a victim and his/her family members, assess the degree of danger in accordance with the procedures prescribed by law, and take the victim to a one-stop service center or a temporary shelter based on such assessment, and if possible, to give a victim to the temporary protection of a relative or close person;

25.4.2. to demand perpetrators of violence to stop violence and alcohol consumption;

25.4.3. to notify a social worker of the soum, bagh or khoroo, regardless of whether the victim has given a consent, if the degree of danger is high, or if a child has been abused;

25.4.4. to explain rights and duties to the victim as stipulated by the law and provide written information on services to be provided;

25.4.5. to take measures to ensure the rights of the victim specified in Articles 8.1.1, 8.1.2, 8.1.3, and 8.1.8 of this law;

25.4.6. to arrest a perpetrator of violence, if necessary;

25.4.7. to confiscate firearms, any weapons or weapon-like items used for violence.

25.5. If required, a police officer shall take the measures specified in the Law on Protection of Witnesses and Victims in order to protect the life, health and safety of witnesses, victims, reporting persons, other members of their families, and persons who assisted the victims. 

25.6. If the perpetrator of violence refuses or resists any demands made by the police officer, an enforcement action will be taken.

25.7. The police officer shall assist the victims specified in Article 25.4.1 of this law in taking clothes, medicines, medical equipment, documents, children's educational equipment, and necessary consumables from their residences, and demand a perpetrator to provide such items.

Article 26. Duties of Social Worker

26.1. A social worker of the soum, bagh, district or khoroo shall perform the following duties:
/This paragraph was amended by the law as of April 22, 2022/

26.1.1. to provide the victim with information and basic psychological counseling;

26.1.2. to assess the situation of domestic violence;

26.1.3. to determine the needs of a victim based on the assessment of the situation and organize the work to provide services by a joint team.

26.1.4. to organize services for the victim to be included in alternative care and welfare services and social welfare benefits, and to ensure intermediary services for a victim to be provided other necessary services;

26.1.5. to conduct research to identify children and families who are at potential risk of violence in cooperation with the staff of a bagh and khoroo/section specified in articles 24, 25, and 27 of this law, and keep records and use them in their activities;

26.1.6. to organize training and advertising activities aimed at preventing domestic violence;

26.1.7. to plan and coordinate services of a joint team for victims, and make a proposal to the governor to reflect expenses required for the next year's services in the state and local budgets based on the service reports and news;

26.1.8. others stipulated in the law.

26.2. In addition to the provisions of the Law on Education, a school social worker shall have the following duties:

26.2.1. to cooperate with a joint team in providing services and rehabilitating or recovering children affected by domestic violence;

26.2.2. to provide recommendations, counselling and advice to parents, teachers, and other relevant employees regarding the provision of services, assistance, and support for children affected by or exposed to domestic violence;

26.2.3. to provide information and organize trainings for students, teachers, other employees of educational institutions or parents to prevent domestic violence and violence against children;

26.2.4. to organize and monitor the implementation of programs, standards, and procedures specified in Articles 14.1.1 and 14.1.2 of this law.  

Article 27. Duties of Health Workers

27.1. The health care worker shall undertake the following duties to protect victims:

27.1.1. to identify a victim while providing medical care and services, and inform the relevant authorities, record and document the cause of the victim's injury or illness;

27.1.2. to provide a victim with information on necessary services;

27.1.3. to participate in trainings for acquiring skills to implement the obligations specified in  Article 27.1.1 of this law;

27.1.4. to cooperate with social workers in providing medical care and services to the victims, and  make a professional conclusion;

27.1.5. others stipulated in the law.

27.2. The family doctor or, if required, other practitioners or physicians shall perform the duties specified in Article 27.1.4 of this law.

CHAPTER FOUR

PROTECTING CHILDREN FROM DOMESTIC VIOLENCE

Article 28. Protecting Children from Domestic Violence

28.1. Parents, guardians, caretakers/custodian, and other family members are responsible for protecting the rights and legal interests of children.

28.2. A caretaker or custodian of a child shall perform obligations specified in Article 28.1 of this law. .

28.3. A person referred to this law is strictly prohibited to treat children in an inhuman, cruel, aggressive or discriminative manner, and to maintain children under emotional stress, intimidate or threaten them, use of force against them, physically punish them, force them to be engaged in unbearable labor, neglect them, and drink alcohol or take drugs, or commit violence in the presence of children.

Article 29. Detecting and Reporting Abuse against Children

29.1. If it is deemed that a child has been exposed to or is being at potential risk of domestic violence, an employee of a government or non-governmental organization, a legal entity, or other persons shall be obliged to report to the police, in the absence of a police officer, to the Governor of the soum, bagh or khoroo, or to the emergency hotline service for children.

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

29.2. Teachers, medical specialists, social workers, organizations and employees of all levels of educational institutions that provide services to children are responsible for determining the cause of existing negative effects of a child related to the child's physical, emotional, and behavioral problems such as child injuries, illness, emotional state, fear, absenteeism, or school dropout, and for checking whether they are caused by violence.

29.3. The procedures specified in article 23 of this law shall be subject to reporting and receiving information on violence against children.

29.4. The organization in charge of family and child development shall deliver the information received through hotline call service for provision of emergency assistance to children either to the police organization or to the Governor of the soum, bagh or khoroo, and shall provide counseling and advice to children, and connect them to the necessary services and assistance.

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

29.5. An employee responsible for children and family issues shall immediately notify the police of information on the child being harmed or in a dangerous situation, and take measures to provide relevant services.

Article 30. Providing Children with Special Protection

30.1. In addition to the provisions of aticles 24 and 25 of this law, a police organization and the governor of soum, bagh or khoroo who has received information on violence against children shall take the following measures in order to stop or tackle violence and protect children who have been victims of domestic violence:

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

30.1.1. to take a child to a one-stop service center or a temporary shelter;

30.1.2. hand over a child to parents, relatives, or other persons or another families, if it is not possible to take the measures specified in article 30.1.1 of this law;

30.1.3. to deliver a child to government and non-government organizations that provide care and welfare services for children;

30.1.4. to report to children's organizations and employees.

30.2. The procedure for the temporary protection of abused children shall be approved by the member of the government in charge of legal affairs.

30.3. The measures specified in article 30.1 of this law shall be implemented in cooperation with police officers, governors of soum, bagh and khoroo, social workers of respective soums, baghs or khoroo, and schools, or employees providing services to children.

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

30.4. The measures specified in article 30.1 of this Law shall be taken regardless of the opinions of parents, guardians, or caretakers or custodians if it is deemed that the level of danger is medium or high or if the following conditions are evidently existed:

30.4.1. Violence was committed or is likely committed to the life and health of children in a dangerous manner;

30.4.2. Child has been held hostage or is at potential risk of being held hostage;

30.4.3. Vulnerability of a child is used or may be used to make decisions beneficial to others or to make profit;

30.4.4. Child is or is likely being under fear or emotional pressure;

30.4.5. Perpetrator has used alcoholic beverages, narcotic drugs, and psychoactive substances.

30.5. If a police officer or the governor of a soum, bagh or khoroo hands over a child to a citizen or organization specified in article 30.1 of this law, such person or entity shall be reminded of the rights and obligations in writing for approval.

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

30.6. If a child who has been exposed to domestic violence is seven years old or older, his or her opinion shall be taken into account when choosing the person or a family specified in article 30.1.2 of this law.

30.7. Taking measures to separate the child from the perpetrator is not a ground to consider that the rights of parents, guardians and caretakers have been violated.

30.8. The rights of a perpetrator to visit or communicate with the child are restricted, provided that the measures specified in article 30.1 of this law have been taken.

30.9. When the measures stipulated in article 30.1 of this law are taken, the perpetrator of violence shall not be exempted from the obligation to support a child who has suffered domestic violence.

30.10. If necessary, other children living in the family or related to the perpetrator may be included in the services specified in this law.

CHAPTER FIVE

DANGER ASSESSMENT, SITUATION ANALYSIS AND SERVICES TO BE PROVIDED TO VICTIM

Article 31. Danger Assessment

31.1. The police officer shall assess the level of danger in domestic violence that the victim's life, health, and safety were in danger or at potential risk of danger.

31.2. The police officer shall assess the level of danger at the place where domestic violence has been committed or may have been committed, or where the victim is located.

31.3. The procedure for assessing the level of danger shall be approved by the member of the Government in charge of legal affairs.

Article 32. Situation Analysis

32.1. A social worker will assess the situation in order to determine the followings:

32.1.1. domestic violence and potential risk of violence;

32.1.2. the negative consequences that the victim has experienced or may experience;

32.1.3. services to be provided to victims.

32.2. The assessment of the situation shall be in the form of a conclusion.

32.3. The procedure for assessing the situation shall be approved by the member of the government in charge of social protection.

Article 33. Types of Services Provided to Victims

33.1. Types of services provided to victims are as follows:

33.1.1. Security protection;

33.1.2. Medical care and service;

33.1.3. Psychological service;

33.1.4. Social welfare service;

33.1.5. Child protection service;

33.1.6. Legal assistance;

33.1.7. Intermediary service.

33.2. The related organizations and officials are responsible for jointly providing the services specified in article 33.1 of this law and exchanging information on such services. 

33.3. At the request of the victim, information on other types of services and organizations and employees providing such services may be provided.

33.4. When providing services to victims, the needs and requirements of children, people with disabilities and mental disorders, pregnant women, and the elderly shall be taken into account.

33.5. The services specified in article 33.1 of this law shall be provided to victims free of charge.

33.6. Legal entity or other persons shall comply with instructions, recommendations, notices and requirements given by the police organization, servicemen, Governors of soum, baghs or khoroos, and government and non-government organizations and employees providing services to the victim in connection with ensuring the safety of victims, and are obliged to provide supports and not to disclose any information.

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

33.7. Victims, who are illiterate or do not know the Mongolian language or script, or who have vision, hearing impairments, or language impediments, shall be entitled to have an assistance of a translator or interpreter for the provision of services specified in article 33.1 of this law.

Article 34. Security Protection

34.1. Security protection services provided to the victim are as follows:

34.1.1. Temporary shelter;

34.1.2. One stop service center;

34.1.3. Protective measures stipulated in the Law on Protection of Witnesses and Victims.

Article 35. Temporary Shelter Service

35.1. Temporary shelter services will be provided to a victim in order to ensure the life, health and safety of the victim.

35.2. Temporary shelters can be established and operated under the government and non-government organizations by the jurisdiction of the respective provinces, soums, districts and the capital city.

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

35.3. Temporary shelters shall provide victims with the services specified in articles 33.1.2, 33.1.3, 33.1.4, 33.1.5, and 33.1.6 of this law in cooperation with relevant organizations.

35.4. The cost of temporary shelter services will be calculated by the amount of variable costs per person, and the procedure for calculating variable costs shall be approved by the member of the government in charge of social protection. security.

35.5. The location of a temporary shelter shall be kept confidential.

35.6. The security protection of a temporary shelter shall be performed by the police or a contractor security organization.

35.7. It is prohibited to establish temporary shelters and provide services for the purpose of spreading religious propaganda or preaching, gaining profit, or covering up illegal activities.

35.8. It is prohibited for perpetrators to enter or access a temporary shelter, to make efforts to contact a victim by any means, do any other actions that cause fear and anxiety to the victim, or obstruct the normal operation of a temporary shelter.

35.9. Regardless of whether it is related to the performance of work duties, a person who knows about the location of a temporary shelter is obliged not to disclose it to others. 

35.10. The standard of temporary shelters shall be approved by the state administrative body in charge of standardization and technical regulation issues, and the procedure for providing temporary shelter services by the government member in charge of social security issues respectively.

/ This paragraph was amended by the law as of December 21, 2017/

Article 36. One Stop Service

36.1. The unit with the function of providing services specified in article 33.1 of this law from one stop center for 24 hours regardless of territorial jurisdiction shall be operated in hospitals and government and non-government organizations.

36.2. Expenses for providing one-stop services shall be calculated in accordance with article 35.4 of this law and shall be financed from the state budget.

36.3. The security of one-stop service center will be monitored by the police, and the procedure for monitoring will be approved by the government member in charge of legal affairs.

36.4. The procedure for providing and financing one-stop services shall be jointly approved by the members of the Government in charge of legal, health, and social security issues.

36.5. The standard of one-stop service center shall be approved by the state administrative body in charge of standardization and technical regulation issues.
/This paragraph was amended by the law as of December 21, 2017/

Article 37. Medical Care and Services

37.1. Health institutions and medical specialists shall provide victims with the services specified in Articles 4.1.4, 4.1.5, and 4.1.7 of the law on Medical Care and Services.

37.2. Services other than emergency medical care shall be provided by the local health care facility of the victim's permanent or temporary residence, or if the victim is in a health care facility or shelter, by the community health care facility of the jurisdiction where such health facility is located.

37.3. The procedure for providing medical assistance and services to victims shall be approved by the  Government member in charge of health issues.

Article 38. Psychological Counselling Service

38.1. Psychological services provided to victims shall be as follows:

38.1.1. Psychological counseling;

38.1.2. Psychotherapy service.

38.2. The procedure for providing psychological counseling to victims shall be approved by the government member in charge of social security issues, and the procedure for providing psychotherapy services to victims shall be approved by the government member in charge of health matters.

 Article 39. Legal Counselling

39.1. The legal assistance provided to victims shall be as follows:

39.1.1. Legal advice;

39.1.2. Advocacy service.

39.2. Legal advice can be provided by phone or in an electronic form.

39.3. Advocacy services shall be provided to victims in accordance with the law.

Article 40. Social Welfare Service

40.1. Social welfare services provided to victims shall be as specified in Article 18.1 of the Law on Social Welfare.

40.2. The procedure for providing social welfare services to victims shall be approved by the government member in charge of social protection matters.

Article 41. Child Protection Service

41.1. Child protection services are services specified in the Law on Child Protection.

41.2. If a child who is a victim of domestic violence is seven years old or older, his or her opinion shall be taken into account when planning and implementing child protection services.

41.3. If a temporary shelter service specified in article 35 of this law, or the one-stop service specified in article 36 of this law are provided, or measures specified in article 30.1 of this law are taken for a child exposed to domestic violence, further measures shall be taken to involve such child in basic education services continuously.

41.4. If a child who has been exposed to domestic violence is separated from his/her parents, guardians, or custodians and or he/she is accommodated in a one-stop service or temporary shelter, such child shall stay separately from adults.

41.5. The procedure for providing services to children affected by domestic violence shall be approved by the government member in charge of the related matters for each type of services.  

Article 42. Intermediary Service

42.1. A social worker shall ensure the necessary services for a victim based on the situation analysis made in accordance with article 26.1.2 of this law.

42.2. The organization and employee who provided services to the victim shall report to the intermediary organization on the progress and results of the service.

42.3. Organizations and employees providing intermediary services shall ensure the safety and confidentiality of the client.

42.4. The procedure for providing intermediary services shall be approved by the government member in charge of social protection matters.

Article 43. Procedure for Victim and Offender Meeting

43.1. If a victim or his/ her minor child staying in a temporary shelter or a one-stop service center, or is under temporary protection in accordance with article 33.1.1 of this law are required to meet with an offender, the adult victim himself or parents, guardians and custodian of a child who suffered domestic violence may submit a request.

43.2. If a child who has been exposed to domestic violence has reached the age of fourteen, such child may make a request, and his/her parents, guardians, and custodians shall express their consent in writing to the request.

43.3. A joint team providing services to the victim shall decide whether to grant a permit for a victim to meet with an offender.

43.4. When making such decision by the joint team, the joint team shall take into account the rights and legal interests of the victim based on the danger assessment and the situation analysis for the level of danger.

43.5. In the following cases, it is prohibited to bring the victim or his/her child to meet an offender:

43.5.1. If a victim is in emotional distress or fear;

43.5.2. If a victim is a victim of sexual violence;

43.5.3. If it is contrary to the rights and legal interests of the victim and the child;

43.5.4. If a victim does not want to meet an offender;

43.6. The meeting will be organized by a social worker of the soum, bagh or khoroo, and the police will be responsible for security.

43.7. The procedure for victim and offender meeting shall be jointly approved by the Government members in charge of legal and social protection issues.

Article 44. Behavior Change Trainings

44.1. Behavior change program aimed at resolving family conflicts without the use of force is mandatory and voluntary.

44.2. Voluntary behavior change program can be implemented by an accredited non-governmental organization.

44.3. Voluntary behavior change programs and procedures affecting behavior shall be jointly approved by the Government members in charge of legal, social security, and health issues.

44.4. Mandatory behavior change training shall be organized by the court decision enforcement agency for the person sentenced to imprisonment, and by the court decision enforcement and police organization for the person sentenced to arrest and compulsory training respectively

44.5. Mandatory behavior change training programs and procedures shall be approved by the government member in charge of legal affairs.

CHAPTER SIX

MISCELLANEOUS

Article 45. Monitoring the implementation of laws and regulations

45.1. The implementation of laws on combating domestic violence shall be monitored in the following ways:

45.1.1. The State Great Khural of Mongolia shall discuss a report of the Government on the implementation of the laws and regulations on combating domestic violence annually and issue a decision thereon;

45.1.2. The Government of Mongolia shall discuss a report of the Coordination Council for Crime Prevention annually and give a direction therefor;

45.1.3. The Coordination Council for Crime Prevention shall discuss annual and half-yearly performance reports of the state central administrative organization and branch councils of provinces and the capital city which are legally responsible for combating domestic violence, and give directions, and if necessary, listen to reports and information of relevant organizations and officials for liaison and cooperation.

45.1.4. Coordination Councils for Crime Prevention of provinces, the capital city and districts will regularly monitor activities of a joint team, discuss work progress reports on quarterly basis, work performance reports on annual and half-yearly basis, and give directions if necessary, listen to reports and information of relevant organizations and officials for liaison and cooperation.

45.2. The specialized inspection agency shall supervise the implementation of this law within its capacity.

45.3. Organizations and officials who receive the directions given in accordance with article 45.1 of this law are responsible for fulfilling such directions and reporting.

45.4. The relevant organizations and officials are responsible for ensuring the transparency of reports and information specified in Article 45.1.

Article 46. Liability for Violation of Legislation

46.1. If the act of an official who violates this law is not criminal, he or she shall be liable as provided in the Civil Service Law.

46.2. Any person or legal entity that violates this law shall be charged with the responsibility specified in the Criminal Law or the Law on Violations.

46.3. The imposition of a fine on an offender or perpetrator of the Law to Combat Domestic Violence shall not be a reason to release such offender from the responsibility of eliminating the violation or compensating the damage caused to others due to the violation.

/This paragraph was amended by the law as of May 11, 2017/

Article 47. Validity of the Law

47.1. This law shall be entered into effect on February 01, 2017.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA M.ENKHBOLD