Materials : Country Papers : MongoliaCountry
paper: Mongolia
Prepared by: M.Baljmaa
Officer
Population and Social Security Department
Ministry of Social Welfare and Labour
Mongolia
Mongolia: Legal coordination of people with disability
In Mongolia, legal environment on providing equal rights of people with disability,
involving them in social life, ensuring their employment and rehabilitation, and providing
social security of the people with disability has been created basically.
State policies and resolutions on the people with disability, and issues concerning
their involvement in social life and provision of life security, are reflected in the
“Constitution of Mongolia”, “Law on taxes of added value”, “Law
on customs tariff”, “Law on education”, “Labour law”, “Law
on social insurance”, “Law on pensions, benefits and compensations for diseases
caused by industrial accidents or related to the professions from the social insurance
fund”, “Law on health insurance of citizen”, “Law on health”,
“Law on social welfare”, “Law on social security of disable”, and
“National programme on advancement of livelihood of the people with disability ”
approved by the Government in 1998, “National programme on preventing from accidents
and injuries” approved in July of 2002, and other resolutions and regulations of the
Government and relevant ministries.
“National programme on advancement of livelihood of the people with
disability” approved by the Government in 1998 and “National programme on
preventing from accidents and injuries” approved in July of 2002 are under
implementation process.
- Through the “Law on taxes of added value” releasing from taxes of added value
was legislated in case of manufacturing, importing and selling of special equipments for
people with disability.
- Through the “Law on customs tariff” customs taxes on special equipments for
the people with disability, equipments and source materials, required for producing of
special equipments for the people with disability, and goods of humanitarian and grant
aids, are freed.
- Due to “Law on education”, education in Mongolia is humane, democratic,
uninterrupted and accessible for all, as well as citizens have equal right to education
and they are entitled to provision of condition and possibilities to study.
- Due to “Law on higher education”, granting and crediting of the tuition fees
for people with disability are legislated.
- In the “Labour law”, revised in May of 1999, labour related issues of people
with disability and dwarf people were emphasized. According to this law, in case of not
influencing on speciality of activities, entities and organizations with 50 or more staff
must employ disabled or dwarf people at 3 percent of vacancies. Otherwise, the entity or
organization must pay for the monthly fine in order to contribute to the state centralized
budget and the money will fund some social welfare measures for disabled and dwarf people.
A new international convention
There is a need for the elaboration of a new international convention on the human
rights of persons with disabilities. An exclusive convention is necessary to give
"status, authority and visibility" to disability issues, which cannot be
achieved through the process of reform of existing international instruments and
monitoring mechanisms.
Preamble
The following matters might be included:
- Recognition of international and regional disability-specific instruments, declarations,
norms, and guidelines to promote human rights and non-discrimination against people with
disabilities
- Recognition of the fact that, despite the increase in emphasis placed on disability
issues by mainstream human rights institutions, the adoption of a new convention is
necessary to ensure that the human rights of persons with disabilities and their
representative organizations receive adequate attention and action;
- Recognition of the relevance of the Standard Rules to the interpretation and
implementation of the Convention;
Objectives
- be a "rights-based" instrument built on international human rights norms and
standards of social justice, citizenship and well-being.
- ensure that the principles of non-discrimination and equal opportunity apply to persons
with disabilities and their organizational issues;
- acknowledge that the lack of provision of reasonable accommodation and/or positive
actions to eliminate barriers to full participation is a form of discrimination;
- promote participation of organizations of persons with disabilities in the monitoring
and implementation of the treaty;
promote international cooperation to support national efforts;
- promote cooperation between governments and DPOs at the national level and ensure
recognition of the successful initiatives of DPOs;
- promote an inclusive and barrier-free society;
Definition of Disability
- Disability that reflects an understanding of disability as something which is the result
of social and environmental factors
- It has a range of implications for social identity and behavior, and largely depends
upon context. Disability may also be a consequence of discrimination, prejudice and
exclusion.
Discrimination and equality
- Discrimination exists where there is "any distinction, exclusion or restriction on
the basis of a prohibited characteristic (i.e. disability) which has the purpose or effect
of impairing or nullifying on a basis of equality the recognition, enjoyment or exercise
of human rights"..
- Provide that affirmative action or special measures to reduce or remove barriers to full
participation and to provide enabling environments in order to achieve equality of
opportunity and equality of treatment should not be regarded as discriminatory;
- The definition of equality should recognize that equality of opportunity requires that
any relevant restrictions or limitations caused directly or indirectly by a disability
should be remedied by appropriate modifications, adjustments or assistance and requires
affirmative action, reasonable accommodation or special measures to provide barrier free
access in all spheres for full participation and to provide enabling environments, where
necessary, in order to achieve equality of opportunity and treatment.
Accessibility
- Access to condition of things and services that can readily be reached or used (at the
physical, visual, auditory and/or cognitive levels) by people including those with
disabilities, which could be achieved, through design and adaptation irrespective of any
types of disabilities.
- access to physical/built environments and public transport;
- access to information and communications, including information, communications and
assistance technology.
State obligations
- The Convention should contain a clear statement of the obligations of a States to
implement its provisions, in particular the obligations to respect, ensure and provide
remedies for violations of the rights set out in the Convention.
- States should provide guarantees of equality of opportunity and of non-discrimination
- provision for national institutional frameworks to monitor and promote compliance with
the convention, in which national human rights institutions can play a role;
- provision for setting clear targets for the development of disability-inclusive
infrastructure and processes;
Guarantees
- Right of access to the physical environment (including access to places, services and
facilities) right to a barrier-free society;
- Right of access to information and to communication (which should reflect the specific
modifications necessary for effective access);
- Right to enjoy resources;
- Right to personal self-determination and to independent living in the community;
- Right to freedom from violence and abuse;
- Right of access to basic economic resources, including safe food and water; and
- Provisions recognizing that the position of persons with disabilities living in rural
areas may be different in important respects to that of persons living in urban areas.
Monitoring mechanisms
- States should be encouraged to monitor implementation of the rights of persons with
disabilities, and existing or future regional human rights charters and mechanisms should
expressly incorporate the rights of persons with disabilities.
- States should use national institutions to monitor and promote compliance with the
Convention
- It is important at the national level to establish consultative body incorporating
persons with disabilities and DPOs.
Views and inputs on process towards elaborating a proposed Convention
- To discuss the convention at the regional level and refine by reflecting recommendations
of Bangkok and proposals of the countries. Social partners should participate at the
regional meetings
- Regional level recommendations should be discussed by UN Ad Hoc Committee meetings and
adopted
- After adoption of the Convention, countries should follow the provisions of the
Convention by making amendments and revisions in their related laws and acts.
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