Concluding Observations, E/C.12/MNG/CO/4, 19 June 2015: Mongolia
C. Principal subjects of concern and recommendations
12. While noting that in the Constitution and various laws certain anti-discrimination provisions exist, the Committee is concerned about the absence of a comprehensive antidiscrimination law that covers all grounds of discrimination, including sexual orientation, gender identity and disability (art. 2 (2)).
The Committee recommends that the State party take steps to adopt a comprehensive anti-discrimination law guaranteeing protection for all against discrimination and for the enjoyment of economic, social and cultural rights, and encompassing all prohibited grounds of discrimination, including sexual orientation, gender identity and disability. The Committee draws the State party’s attention to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.
Discrimination against lesbian, gay, bisexual, transgender and intersex persons
13. The Committee notes with appreciation the information provided by the State party’s delegation on the inclusion of sexual orientation as a prohibited ground of discrimination in the draft revised Criminal Code and a draft labour law. It notes with concern, however, the persistence of discrimination against lesbian, gay, bisexual, transgender and intersex persons in the areas of employment, housing, health care and education. Moreover, the Committee is concerned about the lack of recognition of same-sex couples, which impedes their enjoyment of Covenant rights (art. 2 (2)).
The Committee recommends that the State party:
(a) Take all measures necessary, in particular awareness-raising, to ensure that lesbian, gay, bisexual, transgender and intersex persons are not discriminated against on the basis of their sexual orientation and gender identity;
(b) Recognize that same-sex couples are entitled to equal enjoyment of their economic, social and cultural rights.
Link to full text of the report: Concluding Observations-CESCR-Mongolia-2015-eng