Англи хэлний хичээл

Sources:

Notes:

Comprehensive

1. Definitions

a) Disability

..

b) Persons with disabilities

The Mongolian Social Security Law for People with Disabilities provides that “persons with disabilities are those with limited physical or mental abilities, either genetically inherited or acquired during life, persons born with deformations or disability caused by illness or accident which limits full ability to work, mute persons or person officially diagnosed with sight, hearing or body or mental disabilities.” (ILO)

c) Categories of impairment

There is no classification system of persons with disabilities used in Mongolia. Instead, disability is assessed on a purely medical basis by a panel composed of a medical doctor, a representative of local government and members of the community (Mongolia 2008).

2. Legal framework

a) Constitutional provisions

·         Constitution of Mongolia 
[English] – [Mongolian]

Chapter One on Sovereignty of the State, article 16 on Citizen’s Rights paragraph 5 states that "the citizens of Mongolia are enjoying the right to material and financial assistance in old age, disability, childbirth, and childcare and in other cases as provided by law."

b) Disability-specific laws and regulations

i. Comprehensive disability-specific laws and regulations

·         Mongolian Social Security Law for People with Disabilities, 1995 (last amended in 1998)
[English] – [Mongolian]

The Social Security Law for Persons with Disabilities is the main legal instrument supporting persons with disabilities. In addition to defining persons with disabilities, the Law includes various provisions with regard to the issuance of identification cards; responsibilities of Government in the implementation of the law (art. 5); rehabilitation and after care; education and vocational training (art. ; employment (art. 9); recreation; and social services for people with disabilities, among others (ILO 2003).

A number of Government regulations supporting implementation of the Mongolian Social Security Law have been adopted (APCD), including the following:

·         Government Statement 36, 1999
[English] – [Mongolian]

·         Statement A/70 of the Ministry of Health and Social Welfare, March 1999
[English] – [Mongolian]

The Statement includes 10 attachments that outline state measures for implementation of the Social Welfare Law, including the following disability-related provisions:

Sample of the ID for persons with disabilities (attachment and

ii. Sectoral disability-specific laws and regulations

..

c) Disability-inclusive laws and regulations

·         Early detection, intervention and education

·         Basic Education Law
[English] – [Mongolian]

The Basic Education Law includes basic provisions supporting the education of persons with disabilities, such as: state support (financial) (paragraph 36.8.7), provision of opportunities for education (paragraph 38.1.1) and the right to education of all people under age 17 (paragraph 39.1.3) (ILO 2003).

·         Higher Education Law, 1995 (last amended in 2000)
[English] – [Mongolian]

The Higher Education Law stipulates that students coming from families with family members with disabilities, among others, have access to loans. Students with disabilities themselves are eligible to tuition fee grants (ILO 2003).

·         Employment and Training

·         Labour Code, 1999
[English] – [Mongolian]

The Labour Code (Mongolia 1999), which defines the general rights and duties of the employer and employees in Mongolia, includes several provisions concerning working conditions (art. 1, employment security (art. 36.1), working hours (art. 71.5) among others.

The Law also includes an anti-discrimination provision (art.74; art.111) which prohibits employers to deny employment to person with disabilities and persons with dwarfism if their physical conditions enable them to be employed in the industrial and service jobs.

Employment quota provisions are defined (art.111) where business entities or organizations having more than 50 employees are required to employ a proportion of 3 per cent persons with disabilities or persons with dwarfism, unless contrary to the job or production feature. Penalties (art.111) for business entities and organizations who do not comply with the quota and liabilities (art. 141) are also included.

·         Law of Mongolia on Employment Promotion, 2001
[English] – [Mongolian]

Based on Article 12.1 of the Law on Promotion of Employment which provides for “organizing measures to render services to promote employment taking into account the disability type”, the Employment Promotion Fund is financing several projects to support employment of persons with disabilities.

·         Law of Mongolia on Vocational Education and Training, 2002
[English] – [Mongolian]

The provisions in the Law of Mongolia on Vocational Education and Training include the organizational and institutional arrangement of vocational education and training in Mongolia. Various forms of support are provided to them such as tuition fees and making the training suitable to their needs, among others (ILO).

·         Access to built environments and transportation

·         Norms of Building Planning for People with Disabilities, 2004
[English] – [Mongolian]

The Norms of Building Planning for People with Disabilities have been designed to help create a favourable environment for the persons with disabilities to participate as an active part of the community in the area of employment, education and information (APCD).

·         Social Welfare

·         State Social Welfare Law of Mongolia 
[English] – [Mongolian]

The purpose of the State Social Welfare Law is to define types of welfare services, eligible beneficiaries, the composition of the social welfare fund and the legal basis for its distribution, organizations and officers responsible for welfare activities; and regulations relating to implementation. Article 25 of the Law details basic disability benefits from the Social Welfare Fund and the legal requirements for persons with disabilities to receive the benefits (APCD).

·         Other Relevant Laws

·         Value-added Tax Law, 2001
[English] – [Mongolian]

In its article 9.2.7, the Value-added Tax Law (Mongolia 1998) exempts "special purpose appliances for handicapped people" from value-added tax.

·         Customs Tariff of Mongolia, 1996
[English] – [Mongolian]

The Customs Tariff on goods exempt from customs duty provides for exemption on “appliances for special use by disabled people and equipment or raw materials necessary for making such appliances.” (Mongolia 1996, art. 21)

3. Policies and plans

a) Disability-specific policies and plans

i. Comprehensive disability-specific policies and plans

·         National Programme on Improvement of the Situation of Persons with Disabilities, 1998
[English] – [Mongolian]

The National Programme on Improvement of the Situation of Persons with Disabilities (1998) main objective is “to improve the quality of life of persons with disabilities and build an environment to increase participation and integration of persons with disabilities into society.” (ILO 2003)

The Programme provides for measures in the following policy areas: (1) community and family based improvement of medical, psychological and spiritual rehabilitation for persons with disabilities; (2) creation of special educational environment suitable for needs of persons with disabilities; (3) improve vocational training and employment of persons with disabilities; (4) improve services on prosthetic and orthopedic aids, and improve physical accessibility and access to information; (5) improve social security and welfare assistance for persons with disabilities and (6) support organizations run by persons with disabilities and develop international collaboration (ILO 2003).

ii. Sectoral disability-specific policies and plans

..

b) Disability-inclusive policies and plans

·         Programme of the Government of Mongolia 2008 - 2012
[English] – [Mongolian]

The Government programme provides for the goal “to create social environment which would increase opportunities for persons with disabilities to live comfortably and develop and would respect their rights and to create infrastructure which would provide conditions and opportunities for them to participate in the social life equally with other individuals”.

4. Institutional framework and Government focal point

·         Ministry of Social Welfare and Labour

Two organizations, the Vocational Training Centre for Persons with Disabilities and Prosthetic- Orthopedic Service Centre, joined together to form the National Rehabilitation and Vocational Training Centre for Persons with Disabilities in 1999. The Centre was established to improve health, education, employment and rehabilitation services for persons with disabilities. Today the Centre is the only state agency providing a number of different vocational training for persons with disabilities.

5. Useful links

..

6. References

Asia Pacific Development Centre on Disability (APCD) (no date). “Mongolia Country Profile”, accessed from www.apcdfoundation.org/?q=content/mongolia on 10 March 2011. 

International Labour Organization (ILO) (no date). “Legal Framework—Mongolia”, accessed from http://wallis.kezenfogva.iif.hu/eu_konyvtar/projektek/vocational_rehabilitiation/leg.htm on 7 February 2009.

_______ (2003). “Mongolia Country Profile, Employment of People with Disabilities: The Impact of Legislation (Asia and the Pacific)”, accessed from www.ilo.org/public/english/region/asro/bangkok/ability/download/cpmongol.pdf on 10 March 2011. 

Mongolia (1992). Constitution of Mongolia, accessed from www.mfat.gov.mn/index.php?option=com_content&view=category&id=34&Itemid=53&lang=en on 10 March 2011.

_______ (1996). Customs Tariff of Mongolia, 1996, accessed from www.asianlii.org/mn/legis/laws/ctl1996190/ on 10 March 2011.

_______ (1998). Value-added Tax Law, 1998, accessed from www.asianlii.org/mn/legis/laws/vtl2001144/ on 10 March 2011.

_______ (1999). Labour Code (unofficial translation), in International Labour Organization, Natlex, database of national labour, social security and related human rights legislation, accessed from www.ilo.org/dyn/natlex/docs/WEBTEXT/57592/65206/E99MNG01.htm on 10 March  2011.

_______ (2004). Law of Mongolia on Employment Promotion, 2001 (unofficial translation), in International Labour Organization, Natlex, database of national labour, social security and related human rights legislation, accessed from www.ilo.org/dyn/natlex/docs/WEBTEXT/63070/65264/E01MNG02.htm on 10 March 2011.

_______ (2004). “Mongolia Country Paper”, WorldEnable website, accessed from www.worldenable.net/bangkok2003a/papermongolia.htm on 6 October 2010.

_______ (2007). “Country Paper”, presented at Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities in Bangkok, Thailand, 14-17 October 2003.

_______ (2009). Ministry of Social Welfare and Labor, electronic communication with ESCAP.

_______ (2010). Embassy of Mongolia in Thailand, electronic communication with ESCAP dated 28 December 2010.

Last updated: 16 March 2011.