Prohibition of all corporal punishment in Mongolia (2016)
Mongolia expressed its commitment to prohibiting all corporal punishment of children, including in the home, in 2010, when the Government clearly accepted the recommendations to do so made during the Universal Periodic Review (UPR) of Mongolia that year. At the second UPR of Mongolia in 2015, similar recommendations were made which the Government again accepted. Law reform was finally achieved in February 2016, when the Mongolian Parliament – the State Great Hural – passed the Law on the Rights of Children and the Law on Child Protection. Both laws enter into force on 1 September 2016.
The Law on the Rights of Children 2016 explicitly confirms children’s right to be protected from corporal punishment (art. 7.1, unofficial translation):
Children have the right to be protected from crime, offences or any forms of violence, physical punishment, psychological abuse, neglect and exploitation in all social settings.”
The Law on Child Protection 2016 explicitly prohibits the use of corporal punishment by parents and other adults (art. 2.6)
All types of physical and humiliating punishment against children by parents, guardians and third parties who are responsible for care, treatment, guidance and education of children and adolescents, during the upbringing and disciplining faulty behaviours of children are prohibited.”
It also puts an obligation on parents and others caring for and educating children to use non-violent discipline (art. 5.4):
During educating, upbringing and caring of children, parents, legal guardians, relatives, and teachers shall follow non-violent disciplinary methods.”
It sets out the measures that must be taken in order to protect children from corporal punishment and other violence in schools (art. 6.3).
Prior to this reform, corporal punishment was prohibited in schools in Mongolia and as a sentence for crime, but it was not explicitly prohibited in the home, alternative care settings, day care and penal institutions.
The enactment of full prohibition in 2016 makes Mongolia the first state in Eastern and South Eastern Asia to achieve this fundamental reform for children. It is the 49th state worldwide to do so.