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Албан бус орчуулга
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(2023.08.05-ны өдрийн орчуулга) Unofficial translation
LAW OF MONGOLIA
February 5, 2016 Ulaanbaatar city
ON HUMAN RIGHTS OF PERSONS WITH DISABILITIES
CHAPTER ONE
GENERAL PROVISIONS
Article 1.Purpose of the Law
1.1.The purpose of this Law is to regulate relations concerning defining principles to be adhered to, rights, obligations, and participation of state bodies, individuals and legal entities in ensuring, enforcing and safeguarding equitable rights of persons with disabilities to participate in social life.
Article 2.Legislation on the human rights of persons with disabilities
2.1.The legislation on human rights of persons with disabilities shall comprise the Constitution of Mongolia, this Law and other legislative acts enacted in conformity with them.
2.2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, the provision of the international treaty shall prevail.
Article 3.Scope of applicability of the Law
3.1.This Law shall equally apply to Mongolian citizens with disabilities and foreign and stateless persons with disabilities, which legally reside in 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."Persons with disabilities" shall mean those who have physical, intellectual, mental and sensory impairments, which in interaction with various barriers, hinder them from fully and effectively participating in social lives;
4.1.2."Discrimination on the basis of disability" shall mean any distinction, exclusion on the basis of disability which restricts persons with disabilities to exercise basic human rights and fundamental freedoms in political, economic, social, cultural field on an equal basis with others and to access distribution of social wealth, contribute to the development and to be supplied with appropriate devices;
4.1.3."Appropriate device" shall mean equipment, material, devices, software, environment and services that persons with disabilities need, in order to exercise basic human rights and fundamental freedoms, on equal basis with others;
4.1.4."Universal design" shall mean the design of products, program, environment and form of services to be usable by all people without the need for adaptation and specialized design;
4.1.5."Community-based inclusive development service" shall mean to deliver sociopsychological, health, education and employment services for persons with disabilities among families and communities in order to participate in all aspects of social life on an equal basis;
4.1.6."Possible maximum limit" is the upper limit of restoration of lost capacity of persons with disabilities;
4.1.7."Prevention" shall mean activities designed to create environment where persons with disabilities are prevented from diseases, injuries and accidents with participation of citizens and community; conducting training and advocacy activities; early diagnosis and treatment of diseases and reduction of negative consequences caused by diseases, injuries and accidents;
4.1.8."Assistive device" shall mean all types devices that are designed to substitute, fix, protect, support individuals' physical disorder and functioning impairments and to prevent from injuries;
4.1.9."Patient care devices" shall mean all types of devices designed to ensure normal condition of cared persons, ease caregivers works, and ensure safety and to prevent cared persons from risks;
4.1.10."Sanitary and hygiene material" shall mean necessary materials to meet daily hygienic needs of persons with disabilities;
4.1.11."Right to live independently" shall mean the ability of persons with disability to make an independent decision on the issues concerning their lives and exercise freedom of choice and participate in all aspects of social life;
4.1.12."Guide dog" shall mean assistance dogs especially trained to guide blind persons to navigate in an environment with proper orientation, barrier free and safely;
4.1.13."Sign language interpreter" shall mean a person, which interprets sign language for persons with hearing loss and language impediment.
Article 5.Principles to be adhered to for ensuring and protecting human rights of persons with disabilities
5.1.The following principles shall be adhered to ensure and protect human rights of persons with disabilities:
5.1.1.to refrain from discrimination of full and equal participation and inclusion in society of persons with disabilities by all means;
5.1.2.to respect for individual autonomy and freedom of choice of persons with disabilities;
5.1.3.ti create an environment where persons with disabilities exercise their rights and access to all aspects of social relations including to study, work, and socialize without barrier,
5.1.4.to respect identity of children with disabilities and ensure their rights to evolve;
5.1.5.to ensure that all the stakeholders recognize their responsibilities to deliver community based inclusive development for persons of disabilities in accessible and equal manner;
5.1.6.to ensure participation of persons with disabilities, their representatives of non-governmental organizations for protecting rights and interest of persons with disabilities in developing state policy and decisions, their implementation and exercising control and assessment of their implementation.
CHAPTER TWO
RIGHTS OF PERSONS WITH DISABILITIES TO PARTICIPATE IN SOCIAL LIFE ON EQUAL BASIS
Article 6.Non-discrimination of persons with disabilities
6.1.Each person shall be entitled for being equal before and under law and justice and exercising basic rights and fundamental freedom, and access to social wealth regardless of being disabled or not. It shall be prohibited to discriminate persons based on disabilities and health conditions.
6.2.Any action or inaction of state bodies, individuals, business entities and organizations that do not or refrain from creating disabled-friendly environment with universal design and appropriate devices, and restrict persons with disabilities to access social services equally with other persons shall be considered discriminatory.
6.3.The following actions and inactions of individuals and legal entities in addition to those specified in paragraph 6.2 of this Law in regards to exercising rights of persons with disabilities to live in favorable and risk-free environment, to study and to take part in decision making process and to exercise political rights, shall be considered discriminatory:
6.3.1.Failure to allow persons with disabilities to travel freely via public transports, obstacle free access to infrastructure, accommodation, public buildings and facilities,
6.3.2.Failure to create environment where persons of disabilities have an access to information and to communicate with others;
6.3.3.Refrain from delivering educational services on the basis of disability, from creating learning environment for persons with disabilities, restrict or discriminate children with disabilities to develop into an individual among regular peers, adults and community;
6.3.4.Refrain from delivering financial services and loans for reason of being disabled;
6.3.5.Restrict reproductive rights of persons with disabilities without their prior consent;
6.3.6.Refrain and abstain participation of persons with disabilities to participate in developing, implementing and exercising control over enforcement of policy and decisions and restrict their rights to vote for and be elected;
6.4.The following actions and inactions of individuals and legal entities in addition to those specified in paragraph 6.2 of this Law, to restrict rights of persons with disabilities to be employed, shall be considered discriminatory;
6.4.1.Refrain persons with disabilities from participating in recruitment process or from hiring those who pass the recruitment selection, based on disability;
6.4.2.Restrict persons with disabilities to be promoted or advance career;
6.4.3.Use of management tools, procedure and rules by organizations and business entities that discriminate employees on the basis of disability;
6.4.4.Refrain from hiring persons for reason of having disabled family member, dismiss them from job or restrict their right for employment by other means;
6.4.5.Refrain from generating vacancies tailor-made to competencies, qualification and special needs of persons with disabilities and set discriminatory wages;
6.4.6.Refrain from equipping workplaces with appropriate devices meeting needs of persons with disabilities.
6.5.The following actions shall be considered discrimination:
6.5.1.Intentionally insult or intimidate persons based on disabilities; treat families and parents with members and children with disabilities in exclusive manner; engage in announcements and advocacy activities, creating art works that lead to misconception about disability; provide counseling that violate rights of persons with disabilities based on their beliefs and faith;
6.5.2.Act of segregation of disabled persons by family members through distancing them from society, hiding, restricting persons with disabilities to participate in social life, refraining them from being involved in capacity building and development related activities;
6.5.3.Restrict rights of persons with disabilities by prohibiting them from taking children under custody;
6.6.The State shall implement social, economic and legal multi-faceted measures to prohibit all types of discriminations against persons with disabilities and to safeguard persons with disabilities from becoming subject to discrimination.
6.7.State bodies, individuals and legal entities shall implement phase-to-phase measures to provide persons with disabilities with appropriate devices that enable them to fully and equitably participate in social life.
6.8.Special arrangements tailor-made to the needs of persons with disabilities that have been undertaken to guarantee their rights to participate in social life equitably, shall not be considered discrimination.
Article 7.Raising awareness and understanding of disability
7.1.The following steps shall be undertaken to ensure that human rights of persons with disabilities shall be respected throughout all spheres of society.
7.1.1.State bodies, individuals and legal entities shall be obliged to conduct awareness raising campaigns among employees on human rights of persons with disabilities, the need for universal design and appropriate devices;
7.1.2.The National Radio and Television shall implement a policy designed to promote positive image of persons with disabilities among public;
7.1.3.Ensure that textbooks of educational institutions of all levels introduce disabled-friendly attitude among students and exercise the idea through learning plans;
/This sub-paragraph was invalidated by the law as of July 7, 2023/
7.1.4.Ensure that families and persons with disabilities have access to information on services for persons with disabilities and their rights and arrange training and advocacy activities for them;
7.1.5.Undertake steps that are directed to promote positive attitude in regards with children with disabilities in the society through increasing opportunities for children and young adults with disabilities to live and develop independently and create a social environment where their rights are respected, and to support the proposals and initiatives of governmental and non-governmental organizations, business entities, communities, families, and citizens aimed at them; measures designed to meet such objectives shall be undertaken with funding from the state central administrative body in charge of education issues.
7.2.The participation of persons with disabilities and organizations that work to protect their rights interests in the activities specified in paragraph 7.1 of this Law shall be ensured.
7.3.Organizations that work to protect rights and interests of persons with disabilities may be contracted to arrange implementation of activities specified in sun-paragraph 7.1.4 of this Law and funding shall be provided by the Social Welfare Fund.
CHAPTER THREE
MEASURES TO IMPROVE LIVING AND WORKING CONDITIONS OF PERSONS WITH DISABILITIES
Article 8.Measures to improve living and working conditions of persons with disabilities
8.1.Accommodations, public facilities, roads and squares, public transports and communication technology shall be accessible to persons with disabilities.
8.2.Government shall approve the procedure on making public transport, communication, public services, building and facilities accessible to persons with disabilities, and promoting individuals and legal entities that produce prosthesis, care, sanitary-hygienic materials, devices and products for persons with disabilities.
/This paragraph was amended by the law as of December 17, 2021/
8.3.State bodies shall be obliged to identify needs and requirements for keeping public buildings and facilities, roads, public transport, information and communication technology accessible to persons with disabilities; develop necessary standard and guidance; conduct examinations, organize training and promotion, conduct research and analysis, and introduce their outcomes into the production process; and the required funding shall be set aside in the State budget.
8.4.The measures to improve infrastructure accessible to persons and young adults with disabilities and increase participation of information communication technology in this process; to promote entrepreneurs doing business for children with disabilities and ensure that children with disabilities are supplied with healthy food, clothes, accommodation, and household devices shall be undertaken; and the required funding shall be released from the budgets of the state central administrative bodies in charge of construction, road and public transportation, information and communication technology, health, social protection, labor and employment issues, and respective local administrative authorities on such as aimags, the Capital city and district.
Article 9.Aligning apartments, infrastructure facilities to the needs and requirements of persons with disabilities
9.1.Government shall, in partnership with individuals and legal entities, create enabling environment for persons with disabilities for obstacle free access to infrastructure, accommodations, public buildings and facilities based on this Law and the law on construction and urban development.
9.2.National Standardization Organization shall approve national standards for roads, walkways and road facilities based on proposal of state central administrative bodies in charge of persons with disabilities and construction, road and transportation issues.
9.3.National Standardization Organization shall approve national standards for social infrastructure, apartments, public buildings and facilities and the arrangement of surrounding area and indoor settings, based on proposals provided by state central administrative bodies in charge construction and persons with disabilities issues.
9.4.One fourth of members of the Construction and social infrastructure facility assessment commission shall consist of representatives of non-governmental organizations for protecting interests of persons with disabilities.
9.5.The Building Assessment Commission shall be prohibited to accept buildings and facilities that do not meet needs and requirements of persons with disabilities.
Article 10.Complying public transport services to the needs and requirements of persons with disabilities
10.1.Public transportation organizations shall enable persons with disabilities to travel in public transports without obstacles.
10.2.National Standardization Organization shall approve national standard on public transport, parking lot and services that meet needs and requirements of persons with disabilities, in partnership with state central administrative body in charge of persons with disabilities issues.
10.3.Public transportation organizations shall be obliged to use transport means that meet standard specified in paragraph 10.2 of this Law.
Article 11.Complying information and communication services to the needs and requirements of persons with disabilities
11.1.While performing official duties and functions, legal entities providing information services shall ensure that persons with disabilities have access to information and be able to communicate with others, through appropriate technology and devices that will be made available for them.
11.2.Legal entities shall take the following steps to promote access of persons with disabilities to information and to enable them communicate with others:
11.2.1.Ensure that web pages of state bodies are freely accessible to persons with disabilities;
11.2.2.Develop and introduce screen readers- software programs that allow persons with disabilities to read the text that is displayed on computer screen with a speech synthesizer, develop new technology, special needs equipment and make them available for use by persons with disabilities in the native tongue;
11.2.3.Publish textbooks, newspapers and magazines, state bodies' decision, labels and other types of printed materials with bar codes to make them accessible for persons with disabilities;
11.2.4.Undertake phase to phase steps to broadcast television programs, news, science programs accessible to viewers with disabilities via making sign language interpretation available or adding text reading;
11.2.5.Undertake phase-to-phase steps to make state and public service organizations accessible to persons with disabilities through offering sign language interpretation, writer, readers and guides;
11.2.6.Ensure that state support is available for non-profit TV and radio channels created for delivery of information for persons with hearing loss and visual impairment;
11.3.The state central administrative body in charge of information and communication issues shall ensure enforcement of sub-paragraphs 11.2.1, 11.2.2, 11.2.3 and 11.2.4 of this Law in partnership with relevant organizations and ensure that required funding is released from the State budget.
/This paragraph was amended by the law as of August 29, 2022/
11.4.State shall ensure that persons with disabilities receive services of police, health and emergency organizations through sending text message to special numbers, remote sign language interpreter's image and speech.
Article 12.Mongolian sign language
12.1.Mongolian sign language is a mother tongue of a person with hearing impairment who is entitled for participating in social relations with use of sign language.
12.2.The state central administrative bodies in charge of education and persons with disabilities issues shall approve procedures for Mongolian sign language interpretation and translation business and services.
/This paragraph was amended by the law as of July 7, 2023/
12.3.Services specified in paragraph 12.2 of this Law may be contracted to non-governmental organizations.
Article 13.Braille letter standard
13.1.Braille letter is a main letter that blind persons use and they shall be provided with condition to study, obtain information and participate in social relations by using the braille letter.
13.2.Braille letter standard shall be approved by National Standardization Organization based on proposal of the state central administrative body in charge of education issues.
CHAPTER FOUR
RIGHT TO EDUCATION OF PERSONS WITH DISABILITIES
Article 14.Right to education
14.1.Persons with disabilities have a right to education like others and gain specialty and the State shall take the following steps to ensure the right to education is exercised by persons with disabilities:
14.1.1.Develop curriculum and corresponding environment while accommodating individual requirements that are designed to promote creativity, intellectual and physical abilities of persons with disabilities.
14.1.2.Develop individual capacity, dignity of persons with disabilities and strengthen respect of human rights and fundamental freedom;
14.1.3.Persons with disabilities shall be provided with appropriate device to study and gain specialty at all levels of educational institutions and supplied with specific materials and receive necessary support;
14.1.4.Develop curriculum and standard tailor-made to the needs and requirement of persons with disabilities.
14.2.All levels of educational institutions shall create an environment for the implementation of a comprehensive child development program for children with disabilities by all levels of educational institutions based on the opinion of the commission specified in sub-paragraph 37.2.1 of this Law, provide preparation and provide education, ensure preparedness and arrange learning process.
14.3.Tha State shall take the following steps in regards to ensuring right of children with disabilities to education and gain specialty, apart from the measures specified in sub-paragraphs 14.1.1, 14.1.2, 1.3, and 14.1.4 of this Law:
14.3.1.Include children with disabilities in all levels of mainstream educational organizations regardless of their disabilities;
14.3.2.State central administrative body in charge of education issues shall be in charge of offering inclusive education for children and young adults with disabilities regardless of gender, location, social and economic background and develop curriculum aligned with the needs of children and young adults and ensure that mainstream schools have classrooms and special materials available for children with disabilities.
14.4.Parents, guardians and custodians shall be responsible for ensuring that children with disabilities study at school and obtain education, and the school and social workers shall be obliged to provide them with information and counseling for the performance of their obligation.
14.5.Policy and program to educate, develop and to ensure that children with disabilities are able to obtain all levels of education shall be implemented.
/This paragraph was amended by the law as of December 17, 2021/
Article 15.Education environment for children with disabilities
15.1.All levels of educational institutions and vocational centers shall strive towards providing life skills and vocational skills to the students with disabilities and shall undertake the following steps:
/This paragraph was amended by the law as of July 7, 2023/
15.1.1.Provide education services aligned with individual needs of students and employ methods and techniques the most appropriate to them;
15.1.2.Supply students with disabilities with textbooks, books, handouts, materials, special needs training equipment and facilities that meet their needs;
15.1.3.Arrange educational activities in accordance with especially designed curriculum and lesson plans;
15.1.4.Ensure that educational activities for children with disabilities are conducted with teachers skilled in teaching special needs students or qualified with methodology of teaching to students with disabilities;
15.1.5.Ensure that students with disabilities have access to braille letter, sign language and other appropriate communication methods in accordance with their specific needs aimed at increasing the learning activity and initiative of students with disabilities, and provide with orienteering skills and counseling services;
15.1.6.Ensure that children with disabilities learn skills to live independently and assisted with professional or further study orientations once they complete incomplete and complete secondary schools;
15.1.7.Arrange entrance exams in accessible, open to persons with disabilities way in an environment and a condition which meets their needs;
15.1.8.Educational organizations shall be responsible for organizing intermediary services between students with disabilities and employers.
15.2.State central administrative body in charge of education issues shall approve a procedure on provision of appropriate devices and learning environment suitable for the needs of persons with disabilities at all levels of educational institutions.
15.3.State central administrative body in charge of education issues shall approve curriculum and programs for providing education to children with disabilities.
15.4.Individualized curriculum for children with severe disabilities and with combined disabilities shall be developed by the educational organization in partnership with methodology council and participation of parents.
15.5.Process of individualized curriculum, students' progress, development changes shall be discussed in presence of particular schools, preschool institutions and parents, and the reports shall be delivered to the commission specified in sub-paragraph 37.2.1 of this Law.
15.6.Education Loan Fund shall bear tuition fees of vocational and diploma education, bachelor's, master's and doctoral level studies of students with disabilities who have passed the entrance exam and have the right to study at domestic and foreign universities, colleges, vocational and technical educational institutions, and tuition fees of one member of families of persons with disabilities who lost his/her labor capacity completely.
/This paragraph was amended by the law as of September 7, 2016/
/This paragraph was amended by the law as of July 7, 2023/
15.7.Funding for purchasing the books, textbooks, special needs training equipment and devices that meet needs and requirements of students with disabilities studying at all levels of education including secondary schools, universities, colleges and professional and technical educational institutions, shall be set aside in the budget of the State central administrative body in charge of education issues and local budget on an annual basis.
/This paragraph was amended by the law as of July 7, 2023/
15.8.Government shall approve amount of tuition fees specified in paragraph 15.6 of this Law and the procedure for payment.
15.9.Textbooks, special needs training equipment and devices, facilities specified in paragraph15.7 of this Law, the amount of expenses and payment procedure shall be approved by the state central administrative bodies in charge education and persons with disabilities issues.
15.10.Governors of aimags, soums, the Capital city, and districts shall be responsible for assigning funding in their respective budgets for all levels of educational organizations to ensure learning environment as specified in paragraph 15.1 of this Law and to develop special curriculum for students with disabilities.
/This paragraph was amended by the law as of April 22, 2022/
15.11.State central administrative body in charge of education issues shall undertake and organize the following tasks including developing, printing, distributing, updating curriculum, books, textbooks, handouts, sign language dictionary that meet special needs of students with disabilities; translating braille and software into Mongolian language, and purchasing the learning equipment, and ensuring that funding required for them shall be set aside in state budget.
15.12.State central administrative body in charge of education issues shall fund lunch expenses of students of special secondary schools from state budget and approve procedure to serve lunch services to children with disabilities.
/This paragraph was amended by the law as of November 10, 2016/
15.13.The head of the state administrative body in charge of education issues shall approve the curriculum and plan for vocational training for children with disabilities in accordance with the Law on Vocational and Technical Education and Training.
/This paragraph was added by the law as of July 7, 2023/
Article 16.Teacher qualification
16.1.Core curricula and plan of teacher training universities and colleges shall reflect pedagogy, methodology that meets needs and requirements of students with disabilities.
16.2.The teachers and social workers of all levels of educational institutions shall be trained in area of pedagogy and methodology that meets needs and requirement of children with disabilities.
16.3.Training and counseling services for pedagogy and methodology specified in paragraph 16.2 of this Law may be contracted to non-governmental organizations.
16.4 Teachers, speech and language therapist, mobility trainers, routine trainers, sign language teachers, psychologists, methodologists shall be trained and educated both home and abroad with scholarship from State Fund.
CHAPTER FIVE
EMPLOYMENT OF PERSONS WITH DISABILITIES
Article 17.Right to work
17.1.Persons with disabilities shall have fundamental right to work, advance careers, receive salaries and compensation, engage in self-employment and entrepreneurship and to get involved in employment support services on an equal basis with others.
17.2.Employment relations other than those specified in this Law shall be governed by the Law on Labor, Law on Employment Support, the Law on Occupational safety and Health and other relevant legislation.
17.3.State bodies, individuals and legal entities shall be obliged, in accordance with the Law on Labor, to generate vacancies that meets physical and developmental needs of persons with disabilities and provide them with employment opportunities.
17.4.State bodies, individuals and legal entities shall be prohibited to engage in activities specified in paragraph 6.4 of this Law when ensuring the right to work of the people with disabilities.
17.5.It shall be prohibited that social welfare and social allowances of persons with disabilities to be ceased due to salaried employment.
17.6.Social welfare allowances of persons with disabilities who have become eligible for elderly pension allowances based on meeting requirements specified in relevant laws, shall be governed in accordance with the Law on Social Welfare.
Article 18.State promotion for employment of persons with disabilities
18.1.State shall provide the following support for employment of persons with disabilities:
18.1.1.Individuals, legal entities shall be entitled for tax benefits, exemptions in accordance with the legislation in the event they employ persons with disabilities and are offered with financial incentives if they provide appropriate devices in workplaces.
18.1.2.Generate vacancies with appropriate devices that meet needs and requirement of persons with disabilities and offer marketing and sales support for products that were produced by persons with disabilities and place priority to such products in procurement and purchase with state budget;
18.1.3.Purchase of equipment, devices and facilities that are required for persons of disabilities shall be financially supported by Employment Promotion Fund one time;
18.1.4.Support by the State for vocational competitions among persons with disabilities;
18.1.5.Persons with disabilities shall be provided with financial incentives for successful participation in international job skill competitions and State central administrative body in charge labor issues shall approve financial incentive procedure of such nature;
18.1.6.Organizations that offer professional orientation and vocational skill training shall be promoted by the State.
Article 19.Recruitment process
19.1.State bodies and legal entities shall consider needs of persons with disabilities when announcing open recruitment process.
19.2.Persons with disabilities shall be entitled for assistance that meet their needs and requirements and for extra time when participating in an open recruitment process.
19.3.If persons with disabilities file request in regards to needs and requirements specified in paragraph 19.2 of this Law, recruiting agencies shall be obliged to accommodate request.
CHAPTER SIX
HEALTH CARE AND SERVICES FOR PERSONS WITH DISABILITIES
Article 20.Health care and services
20.1.Government shall implement comprehensive health measures for persons with disabilities including early diagnosis, assessing, prevention, treatment, caring and rehabilitation.
20.2.Medical organizations shall ensure accessible environment for persons with disabilities and take their needs and requirements into consideration and be equipped with appropriate equipment and devices.
20.3.The expenses of creating the environment, equipment, medicine, hospital, care equipment, sanitary and hygiene materials, and early diagnosis reagents required for the provision of care and services specified in paragraph 20.2 of this Law shall be decided by reflecting them in the budget of the state central administrative body in charge of health issues.
Article 21.Prosthesis, assistive devices
21.1.Expenses related to purchase of prosthesis and assistive devices for persons with disabilities shall be funded by the Social insurance, Industrial accident, occupational related diseases insurance, Pension insurance, Health insurance and Social welfare funds.
CHAPTER SEVEN
COMMUNITY-BASED INCLUSIVE DEVELOPMENT OF PERSONS WITH DISABILITIES
Article 22.Community-based inclusive development
22.1.Community-based inclusive development services for persons with disabilities shall be delivered in the following areas:
22.1.1.Health fields designed to eliminate consequences of illnesses, injuries and putting health conditions of injured persons back to normal;
22.1.2.Educational fields promoting rights of persons with disabilities to education on an equal basis with others and gain specialty;
22.1.3.Employment fields designed to assist persons with disabilities to economically contribute to the families, community;
22.1.4.Social fields promoting persons with disabilities to be as active members of their families and community as others and bear responsibilities before families and communities;
22.1.5.Infrastructure, road, transport and information technology accessibility encouraging persons with disabilities to participate in all forms of social life.
22.2.The State shall promote accessibility of services specified in paragraph 22.1 of this Law.
Article 23.Engaging in service in the area of community-based inclusive services
23.1.Services specified in paragraph 22.1 of this Law shall be delivered by entities of all types of ownership.
23.2.When community-based inclusive services are contracted to non-governmental organizations holding special licenses, expenses shall fully or partially be financed by state central administrative body in charge of the particular area.
23.3.The service standard specified in paragraph 22.1 of this Law shall be developed by state central administrative body in charge of the particular field, in partnership with state central administrative body in charge of persons with disabilities issues and the standard shall be approved by state administrative body in charge of standardization issues.
23.4.The requirements for service providing organizations specified in paragraph 22.1 of this Law shall be developed by Cabinet member in charge of the particular field, in partnership with the Cabinet member in charge of persons with disabilities issues.
Article 24.Program for community-based inclusive service
24.1.Community-based inclusive service organizations shall develop and implement service program that is tailor-made to needs and requirements of persons with disabilities.
24.2.Parents, guardians and custodians shall mandatorily involve children with disabilities in community-based inclusive services as specified in paragraph 37.8 of this Law.
CHAPTER EIGHT
SOCIAL WELFARE FOR PERSONS WITH DISABILITIES
Article 25.Eligibility for social protection
25.1.Persons with disabilities shall be entitled for income, sufficient to meet their own and families' living and health needs including food, clothing, accommodation, treatment, care, social services and the State shall take the following measures to secure this entitlement:
25.1.1.Supply special use prosthesis, orthopedic, sanitary-hygiene materials, nursing care and assistive devices;
25.1.2.Ensure that parents with disabled children are provided with adequate assistance and support, necessary to raise and educate their children;
25.1.3.Ensure that persons with disabilities have an access to social protection and social welfare services.
25.2.Funding required to access persons with disabilities in welfare, rental and mortgage loans apartments with discounted terms, shall be set aside in budget of Cabinet member of social welfare services and the budgets of Governors of aimags and the Capital city.
25.3.Relations concerning social welfare allowances, pension, benefits, subsidies and social insurances for the people with disabilities shall be governed by relevant legislation of Mongolia.
Article 26.Benefits and subsidies from Social welfare fund for the people with disabilities
26.1.Persons specified in paragraph 3.1 of this Law shall be entitled for the following benefits and subsidies from the Social welfare fund:
26.1.1.Children with disabilities up to 16 years old, persons with full vision, and hearing impairment, with language impediments, and dwarf individuals who need constant care and persons with disabilities who have lost employment capacity and need constant care shall be assisted with monetary assistance once year for payment of apartment utility fees or for purchase of fuel if their accommodations are not centrally heated.
26.1.2.If children with disabilities up to 18 years old have outgrown their prosthesis or the prosthesis are out of use and if the prosthesis are manufactured locally, the expense shall be 100% reimbursed by the State;
26.1.3.If persons with disabilities who are ineligible for subsidy from industrial accident and occupational related disease insurance fund, the expenses of locally produced prosthesis of such persons shall be reimbursed once in three years;
26.1.4.Persons with disabilities who are ineligible for subsidy from industrial accident and occupational related disease insurance fund and children with disabilities up to 18 years old shall be entitled for 100% reimbursement of expenses for purchase of locally produced prosthesis and wheelchairs once in three years;
26.1.5.Transport subsidies for children with disabilities, their guardians and custodians to and from school, kindergarten shall me made available or bus services shall be offered;
26.1.6.Communications subsidies shall be made available for adult, fully vision, and hearing impaired and persons with language impediments;
26.1.7.The following persons in need of nursing care at local resorts shall be provided with one-time yearly subsidy for transportation, accommodation and meal expenses commensurate with tariff of regular room for an individual with health insurance;
26.1.7.a.100% for children with disabilities;
26.1.7.b.50% for one caretaker of children with disabilities;
26.1.7.c.50% for persons with disabilities who are ineligible for subsidies from industrial accidents and occupational related disease insurance fund.
26.1.8.Children with disabilities shall be accessed to local resorts and care centers without reserving slots;
26.1.9.If persons with full vision impairment travel from aimag to the Capital city and from the Capital city to aimag to take nursing care at local resorts, 75% of transport expense shall be reimbursed once a year;
26.1.10.If persons with disabilities residing at a distance of 1000 km or more, travel to the Capital city for detailed medical examination and treatment based on the decision of expert physicians of the aimag medical centers, the travel expenses shall be reimbursed once a year.
26.1.11.Subsidies shall be made available for kindergarten meal expenses of children with disabilities or of children of persons who have fully lost employment capacity;
26.1.12.if children with disabilities enroll in children's summer camp, the 50% of the fee shall be subsidized by the State;
26.1.13.If children with disabilities receive aquatic therapy based on the recommendation of a hospital, 70 of fees shall be reimbursed;
26.1.14.Letters printed in braille letter, publications and up to 10 kg parcels of blind persons shall be dispatched locally free of charge and equipment and materials for blind persons shall be delivered locally for free;
26.1.15.In the event of death of persons and children with disabilities who are ineligible for funeral allowances specified in the social insurance legislation, they shall be compensated with allowance commensurate with the amount of social insurance fund.
26.1.16.Persons with disabilities suffering pelvic fracture shall be provided with nursing care, sanitary-hygienic materials based on recommendations of medical organizations.
26.2.Persons with disabilities shall be eligible for specialized or community-based nursing care service in accordance with the Law on Social welfare.
26.3.Children and persons with disabilities and their custodians in need of social welfare assistance, shall be accessed to social welfare services based on registration in the family information database.
26.4.Government shall approve amount, standard price and payment procedures of benefit and subsidies specified in sub-paragraphs 26.1.1, 26.1.2, 26.1.3, 26.1.4, 26.1.5, and 26.1.16 of this Law.
CHAPTER NINE
OTHER RIGHTS OF PERSONS WITH DISABILITIES
Article 27.Rights of persons with disabilities for legal assistance
27.1.Operation of court, prosecutor and other legislative organizations shall be accessible to persons with disabilities.
27.2.State shall take measures to ensure that persons with disabilities receive free legal assistance and advice services when they are in need of such services.
27.3.Staff of courts, prosecutors and law enforcement bodies during all stages of court proceedings, shall explain rights and obligations and other relevant information to persons with disabilities in more accessible and understandable manner in compliance with their needs and requirements.
27.4.Court, prosecutors and law enforcement bodies shall be responsible for providing persons with disabilities with necessary conditions such as text reader, writer, sign language interpreter and translator free of charge and related expenses shall be set aside in the State budget.
Article 28.Rights of children with disabilities
28.1.State shall support early diagnosis of disability of children, assessment, delivery of health, education and other social service via accessible and inclusive ways based on community; establish child development centers where children with development challenges have an access to special curriculum training.
28.2.Children with disabilities shall be entitled for free health, education and rehabilitation services.
28.3.Parents, guardians and custodians of children with disabilities shall be entitled for social protection and social welfare assistance and services.
28.4.Law enforcement agencies, children's rights protectors, educational and other government agencies shall implement measures designed to protect and prevent children with disabilities from becoming victim of family violence, sexual abuse, all means of pressure and exploitation, and criminal acts.
28.5.The possibility that children with disabilities voice out their opinion and participate in policy and decision-making process concerning their lives shall be ensured.
28.6.State shall support parents, guardians and custodians of children with disabilities to obtain knowledge and skills to raise and develop their children.
28.7.Parents, guardians and custodians shall be responsible for defending legal interests and rights of children with disabilities and shall be prohibited from refraining from their obligations to take care and feed the children with disabilities, in accordance with the law.
28.8.When married couple with children with disabilities divorce, the child benefit payer shall pay extra benefits in accordance with a law.
Article 29.Rights of women with disabilities
29.1.The following measures shall be implemented by the State in order to ensure equal rights of women in education, employment, social and economic sectors:
29.1.1.Assess reproductive needs of women with disabilities and offer services that meet their needs and requirements;
29.1.2.Undertake effective measures to prevent and reduce risks of women with disabilities from becoming victims of family violence, sexual abuse, pressure and crimes;
29.1.3.Deliver professional level health, legal, psychological and other types of services for women with disabilities who have become victims of family violence, sexual abuse and crimes and align these services with their mentality, age, physical and intellectual abilities;
29.1.4.Witness and victim defense facility should be tailor-made to the needs and requirements of women with disabilities.
Article 30.Participation in political life
30.1.Persons with disabilities shall be made accessible to all levels of election independently, freely and vote secretly.
30.2.Advertising campaigns and election rallies of parties participating in all levels of elections shall be accessible to voters with disabilities.
30.3.Persons with disabilities shall be supported by political parties, coalitions and government agencies in process of nomination, elections and being assigned to public organizations.
30.4.Political parties, coalitions shall reflect and commit their support in their platforms to persons with disabilities to exercise their rights to be elected.
Article 31.Protecting privacy and integrity of persons with disabilities
31.1.Letters, correspondence, health, property and family, reputation and fame of persons with disabilities shall be protected and secured by law.
31.2.It shall be prohibited to service providers for persons with disabilities to disclose their private information and breach their privacies.
Article 32.Right to live independently
32.1.Persons with disabilities shall have a right to live independently.
32.2.Right to independent lives of persons with disabilities shall be ensured through personal assistance, mutual exchange of experiences, and counseling services.
32.3.Procedure, types and forms of the service for support of independent living of persons with disabilities, and requirements for service providers thereto shall be approved by Cabinet member in charge of persons with disabilities issues.
32.4.Individuals and legal entities shall be allowed to deliver services in support of independent lives of persons with disabilities.
32.5.Public organizations in charge of welfare services at the aimag and the Capital city levels shall arrange selection of service providers that are expected to deliver service in support of independent living of persons with disabilities.
32.6.When enforcing paragraphs 32.2, 32.3, 32.4, and 32.5 of this Law, participation of non-governmental organizations that work for protection of human rights of persons with disabilities, shall be secured.
32.7.State shall train guide dogs to assist blind persons to navigate around obstacles without danger and price of locally trained dogs shall be reimbursed once in nine years. Cabinet member in charge of persons with disabilities issues shall approve procedures for training and use of guide dogs, in partnership with Cabinet member in charge of agriculture issues.
32.8.Persons with disabilities shall be entitled for free travel access in public transports (other than taxi) in capital city and aimag centers regardless of residential areas. Finance required for this benefit shall be set aside and implemented in the Capital city and local budget on an annual basis.
/This paragraph was added by the law as of November 10, 2016/
Article 33.Support of sports and physical activities of persons with disabilities
33.1.Sports competitions, matches that persons with disabilities participate in, must be in compliance with their abilities.
33.2.State shall support participation of persons with disabilities in sports' competitions and matches.
33.3.State shall deliver the following support in arranging sports competitions and match for persons with disabilities:
33.3.1.The services in support of participation of persons with disabilities in sports competitions and open up their talents shall be performed under contracts;
33.3.2.Sports facilities, courts and halls shall be equipped with equipment and devices that are tailor-made to the needs and requirements of persons with disabilities and must be appropriate for both training and sports' matches;
33.3.3.State shall support and encourage participation of sportsmen and sportswomen with disabilities in Olympics, Paralympics, special Olympics, Deaflympics, world, continent wide international competitions according to the legislation.
33.4.When persons with disabilities are awarded gold, silver and bronze medals from Olympics, Paralympics, Deaflympics, Special Olympics, continental festivals and world level competitions, one-time monetary award, equivalent with their disability allowance of the frequency of the competition shall be delivered to them.
33.5.When children, young adults with disabilities gain gold, silver and bronze medals from Olympics, continental festivals and world level competitions, monetary award shall be granted in accordance with the standard set by Government.
Article 34.Support for participation of persons with disabilities in cultural and art life
34.1.State shall support and encourage active participation of persons with disabilities in cultural and community activities that are locally organized.
34.2.Business entities, organizations shall encourage and support participation of persons with disabilities in cultural and recreational activities and develop their talents.
Article 35.Accessibility of art and cultural works to persons with disabilities
35.1.Cultural and art works shall be accessible to persons with disabilities.
35.2.State central administrative body in charge of cultural affairs shall ensure that literature, science books, journals and magazines are printed in accessible form to persons with disabilities way using cutting-edge technologies and ensure that museums, libraries, cultural and art works are made accessible to persons with disabilities.
Article 36.Measures to be taken in the event of emergencies
36.1.Information and updates on natural disasters and other types of emergencies which have caused or potentially impose direct risks a to human lives, health, public security and public unrest and war situations, shall be accessible to persons with disabilities and relevant government agencies shall be responsible for safeguarding lives and health of persons with disabilities according to the real time situation and relevant legislation.
CHAPTER TEN
DISABILITY DETERMINATION PROCESS
Article 37.Determining disability
37.1.The following indicators shall be used to determine disability of persons:
37.1.1.Physical impairment, classification, duration;
37.1.2.International classification of physical abilities.
37.2.The following commission /hereinafter referred to as "Commission"/ shall determine disability:
37.2.1.Disability of children 0-18 ages shall be determined by health, education and social protection commission of children with disabilities;
37.2.2.Disability of citizens of 18 years old or above shall be determined by Health Assurance Board;
/The terms "16" and "Medical and Labor Examination Commission" in this sub-paragraph was amended into "18" and "Health Assurance Board" by the law as of July 7, 2023 and it shall enter into force on January 1, 2024/
37.2.3.Reasons of disability and percentage of loss employment capacity and duration of disability shall be determined by Health Assurance Board.
/The term "Medical and Labor Examination Commission" in this sub-paragraph was amended into the "Health Assurance Board" by the law as of July 7, 2023 and it shall enter into force on January 1, 2024/
37.3.The Commission specified in sub-paragraph 37.2.1 of this Law shall operate under the State central administrative body in charge persons with disabilities issues and the Board specified in sub-paragraph 37.2.2 shall operate under the State administrative body in charge of social insurance.
/The term "the Commission specified in sub-paragraph 37.2.2" in this paragraph was amended into the "the Board specified in sub-paragraph 37.2.2" by the law as of July 7, 2023 and it shall enter into force on January 1, 2024/
37.4.The commission specified in sub-paragraphs 37.2.1 shall have a non-vacant sub-commission.
/The term "sub-paragraphs 37.2.1 and 37.2.2" in this paragraph was amended into the "sub-paragraph 37.2.1" by the law as of July 7, 2023 and it shall enter into force on January 1, 2024/
37.5.Charters of the commissions and Board specified in sub-paragraphs 37.2.1 and 37.2.2 shall be approved by Government.
/The term "the commissions specified in sub-paragraphs 37.2.1-37.2.3" in this paragraph was amended into the "the commission and Board specified in sub-paragraphs 37.2.1 and 37.2.2" by the law as of July 7, 2023 and it shall enter into force on January 1, 2024/
37.6.Determination of disability specified in sub-paragraph 37.2.1 of this Law and methodologies of formulating comprehensive child development program shall be jointly approved by Cabinet members in charge of health, education and persons with disabilities issues.
37.7.Methodologies of determining disability specified in sub-paragraph 37.2.2 of this Law shall be jointly approved by Cabinet members in charge of health, labor and persons with disabilities issues.
37.8.Commission, within its competence, shall determine physical impairment, duration and classification of person with disabilities and make an assessment.
37.9.The report released by the Board specified in sub-paragraph 37.2.2 of this Law shall be a basic document making persons with disabilities eligible for community-based development services.
/The term "the commissions" in this paragraph was amended into the "the Board" by the law as of July 7, 2023 and it shall enter into force on January 1, 2024/
Article 38.Registration of persons with disabilities
38.1.Based on the assessment specified in paragraph 37.2 of this Law, persons of disabilities shall be registered and given disability card by secretariat office of Governors of aimags and districts.
38.2.The identity card specified in sub-paragraph 38.1 of this Law shall serve as a basis for exercising rights and accessing social welfare services by persons with disabilities as stipulated in the law.
38.3.The secretariat offices of Governors of aimags, soums, the Capital city, and districts shall submit statistical data of persons with disabilities on scheduled timing to state administrative bodies in charge of registration and statistics and State central administrative body in charge of persons with disabilities issues.
/This paragraph was amended by the law as of April 22, 2022/
38.4.Design and procedure on delivery of disability cards specified in paragraph 38.1 of this Law shall be approved by Cabinet member in charge of persons with disabilities issues.
38.5.State administrative bodies in charge of registration and statistics and the State central administrative body in charge of persons with disabilities issues shall jointly furnish "Integrated database" with unified number of persons with disabilities and ensure that relevant organizations are supplied with information on persons with disabilities.
CHAPTER ELEVEN
OBLIGATIONS OF STATE BODIES AND LEGAL ENTITIES
Article 39.Functions of the Government
39.1.Government shall exercise the following powers on ensuring human rights of persons with disabilities:
39.1.1.Implement state policy to ensure human rights of persons with disabilities;
39.1.2.Ensure enforcement of legislation on human rights of persons with disabilities;
39.1.3.Approve and implement national programs and plans on ensuring human rights of persons with disabilities;
/This sub-paragraph was amended by the law as of December 17, 2021/
39.1.4.Support and promote, in accordance with the law, state and non-governmental organizations, individuals and legal entities that work for ensuring and protecting human rights of persons with disabilities.
39.1.5.Other powers stipulated by the legislation.
Article 40.State central administrative body in charge of persons with disabilities issues
40.1.State central administrative body in charge of persons with disabilities issues shall exercise control over nationwide implementation of state policy and legislation on social protection and equal human rights of persons with disabilities.
40.2.State central administrative body in charge of persons with disabilities issues shall develop policy on ensuring, protecting and developing persons with disabilities, enforcing relevant legislation, reporting issues to competent bodies, providing with professional and methodological guidance to state and non-governmental organizations, ensuring synergy between stakeholder, and arranging different types of training.
40.3.The policies and measures implemented by state central administrative bodies within the scope of their competence shall reflect and implement the issues of creating opportunities for people with disabilities to participate in social life on an equal basis with others.
40.4.State and local administrative bodies are allowed to delegate and fund certain functions specified in the current law, to non-governmental organizations for protecting human rights and interest of persons with disabilities based on contract.
40.5.A person with a disability who meets the special requirements of the years of service specified in paragraph 23.2 of the Law on Civil Service or who has a high qualification may be appointed as the head of a state administrative body in charge of people with disabilities issues.
/This paragraph was added by the law as of June 16, 2023/
40.6.If a person with a disability specified in paragraph 40.5 of this Law is appointed as the head of the state administrative body in charge of people with disabilities issues, the respective body shall have a deputy head. In this case, paragraph 5.1 of the Law on State Savings/Conservation shall not apply.
/This paragraph was added by the law as of June 16, 2023/
40.7.The head appointed according to paragraph 40.5 of this Law may transfer some of his/her rights to the deputy head depending on the characteristics of his/her disability.
/This paragraph was added by the law as of June 16, 2023/
Article 41.Non-vacant sub-council
41.1.A non-vacant sub-council (hereinafter referred to as "Council") designed to provide nationwide synergy of interarticular interventions on ensuring human rights of persons with disabilities and supply general supervision of enforcement of these interventions, may be established under the auspices of Prime Minister of Mongolia.
41.2.Structure and working procedure of the Council shall be approved by Government.
41.3.The duties of the Office of the Council shall be performed by State central administrative body in charge of persons with disabilities issues.
41.4.Council shall have sub-councils in aimags, the Capital city and districts, which will be led by governors.
Article 42.Powers of governors
42.1.Governors of aimag, soums, the Capital city, and districts shall exercise the following powers in regards to ensuring human rights of persons with disabilities residing in their respective territories;
/This paragraph was amended by the law as of April 22, 2022/
42.1.1.exercise control over enforcement of legislation on human rights of persons with disabilities and assure that enforcement takes place;
42.1.2.keep infrastructure, public facilities, mass media accessible to persons with disabilities; undertake phase to phase steps to promote education, health, sports, employment of persons with disabilities and ensure implementation and control over enforcement;
42.1.3.Support arrangement of community-based inclusive development services for persons with disabilities;
42.1.4.Promote initiatives of business entities and organizations to offer accessible services to persons with disabilities;
42.1.5.Funding for activities targeting protection of human rights of persons with disabilities shall be discussed at the Citizens' Representatives Khural and set aside in annual local budget.
42.1.6.advocacy of legislation on human rights of persons with disabilities and arrange implementation of the legislation in association with Citizens' Representatives Khural and undertake impact measures to respect equal rights, fundamental freedom of persons with disabilities to participate in cultural, sports and community-based activities;
Article 43.Common rights and obligations of legal entities
43.1.Legal entities exercise the following common rights and obligations in terms of ensuring human rights of persons with disabilities:
43.1.1.create favorable working conditions for persons with disabilities that meet their needs and requirements;
43.1.2.priority must be given to the use of universal design as per international tendency, when creating accessible environment for persons with disabilities;
43.1.3.ensure that public facilities and other service organizations service persons with disabilities without queue;
43.1.4.ensure that active participation of persons with disabilities in social life and their achievements are widely promoted and made known among colleagues and co-employees;
43.1.5.deliver assistance and support, as an employer, to persons who have acquired disabilities;
43.1.6.if restructured or abolished, the party which took over rights and obligations shall exercise rights and obligations specified in sub-paragraph 43.1.5 of this Law;
43.1.7.refrain from treating persons with disabilities unfairly and breach their freedom in any means;
43.1.8.compensate employees in the event that court released an order that an employee has acquired disability at employers' fault;
43.1.9.ensure that occupational safety and health standards are adhered to; 43.1.10.other rights and obligations stipulated in legislation.
CHAPTER TWELVE
MISCELLANEOUS
Article 44.Filing complaints and claims
44.1.Persons with disabilities shall be entitled for filing complaints and claims in accordance with the relevant laws or demand individuals and legal entities to eliminate violations if they consider that their legal rights are violated;
44.2.Persons with disabilities shall be entitled for filing complaints for protection of their rights on their own or through representatives if they consider that individuals and state bodies have discriminated or restricted their rights.
Article 45.Liabilities to be imposed on the violators of the Law
45.1.If the faulty actions and inactions of parties which breached this Law constitute criminal or violation nature, they shall be subject to liabilities according to Criminal Code and Law of Violations.
45.1.1.Individuals which committed breaches specified in sub-paragraph 6.5.1, 6.5.2 of this Law shall be subject to awareness raising training of respecting human rights of persons with disabilities for not less than 14 days.
45.2.If the faulty actions and inactions of individuals, legal entities, and officials have caused harm, loss, damage to persons with disabilities, the faulty parties shall be liable of compensating persons with disabilities in accordance with the relevant laws.
THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ENKHBOLD.Z
