CEDAW/C/MNG/CO/10

Mongolia (CEDAW 12-07-2022)

The Committee considered the tenth periodic report of Mongolia (CEDAW/C/MNG/10), submitted under the simplified reporting procedure, at its 1895th and 1897th meetings (see CEDAW/C/SR.1895 and 1897), held on 23 and 24 June 2022.

Concluding observations

E. Principal areas of concern and recommendations

Implementation and visibility of the Convention

10. 10. 10. The Committee notes that the Constitution of the State party provides that international treaties and conventions should be enforced in the same manner as national legislation once a treaty has been ratified. However, it notes the absence of registered court cases making reference to the provisions of the Convention. It also notes with concern that women, in particular rural women and women herders, lesbian, bisexual, transgender and intersex women and women with disabilities, are often not aware of their rights under the Convention and the remedies available to them.
    11. Recalling its previous recommendation (CEDAW/C/MNG/CO/8-9, para. 9), the Committee recommends that the State party:
        

        (b)Enhance awareness among women of their rights under the Convention and the legal remedies available to them to claim violations of such rights and ensure that information on the Convention and the Committee’s general recommendations is accessible to all women, including women belonging to disadvantaged and marginalized groups such as rural women and women herders, lesbian, bisexual, transgender and intersex women and women with disabilities.

Gender-based violence against women

22. 22. 22. The Committee welcomes the adoption, on 22 December 2016, of the revised Law on Combatting Domestic Violence (LCDV), which criminalizes domestic violence and provides for measures to protect survivors and witnesses, defines inter-sectoral roles, and accredits NGOs as service providers for capacity building and operating shelters. It notes the establishment of the Unit to Combat Domestic Violence within the Police Department, and the appointment of a Domestic Violence Prevention and Child Crime Prevention officer in each police station. It further notes the measures taken to prevent gender-based violence against women and girls, including the National Conference on Multilateral Cooperation in combating Domestic Violence held annually since 2017; the organisation of national-scale campaigns at the occasion of the International Day for the prevention of violence against women, every year on 25 November; and the opening of 14 new temporary shelters and 15 one-stop centres for victims of domestic violence across the State party. However, the Committee notes with concern:

    (b)That judges, prosecutors, police, social workers, psychologists, health-care workers, and governors have only limited understanding of the dynamics of domestic violence and of their responsibility to address it;

23. 23. Recalling its general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, and in line with target 5.2 of the Sustainable Developments Goals, to eliminate all forms of violence against women and girls in the public and private spheres, the Committee urges the State party to:
        

        (b)Strengthen mandatory capacity-building programmes for judges, prosecutors, police, social workers, psychologists, health-care workers, and governors on gender sensitive investigation and interrogation procedures in cases of gender-based violence against women, in particular lesbian, bisexual, transgender and intersex women and women with disabilities, and on the strict application of legislation criminalizing such violence;

Health

23. 23. 32. 32. 32. The Committee notes with concern:

            (g)The lack of awareness raising among medical personnel on discrimination against lesbian, bisexual, transgender and intersex women in the health system.

        33. The Committee recalls its general recommendation No. 24 (1999) on women and health and recommends that the State party:
            

            (f)Sensitize healthcare providers on physical and psychological health issues that lesbian, bisexual, transgender and intersex women experience, the discrimination and stigmatization that they face, and the need for equality and non-discrimination in the provision of healthcare.

Disadvantaged and marginalized groups of women

23. 23. 32. 32. 32. The Committee welcomes the adoption of the Law on Rights of Persons with Disabilities (2016), the national programme on the promotion of human rights and the participation and development of persons with disabilities (2017), and the establishment of the General Agency for Development of Persons with Disabilities. However, it is concerned about the lack of information on the situation of women and girls with disabilities, including their access to inclusive education, health care, employment and participation in political and public life, as well as about intersecting forms of discrimination and gender-based violence faced by them. The Committee also regrets the lack of information on the situation of other disadvantaged groups of women in the State party, including lesbian, bisexual, transgender and intersex women, women living in poverty, single mothers and older women.
            33. The Committee recommends that the State party collects information on the situation of disadvantaged groups of women in the State party, including women and girls with disabilities, lesbian, bisexual, transgender and intersex women, women living in poverty, single mothers and older women, particularly on their access to political and public life, education, employment health care, including sexual and reproductive health services, as well as about intersecting forms of discrimination and gender-based violence faced by them.