LGBT rights in Mongolia

LGBT rights in Mongolia Mongolia

Same-sex sexual activity legal? Legal since 1961[1]
Gender identity/expression Transgender people allowed to change legal gender following surgery
Discrimination protections No (hate crimes and hate speeches are outlawed)
Family rights
Recognition of
relationships		 No
Adoption No

Homosexuality was decriminalized in Mongolia in 1961. Hate crimes and hate speeches on the basis of sexual orientation and gender identity are outlawed in the country. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

There are a couple of known LGBT-rights organizations active in Mongolia, most notably one called "Tavilan" (meaning "destiny").

Legality of same-sex sexual acts

In medieval times, engaging in homosexual activity was punishable by death.[2]

Same-sex sexual acts were decriminalized in Mongolia in 1961. The age of consent is 16, regardless of sexual orientation.[1]

Recognition of same-sex relationships

Marriage is not clearly defined by the Mongolian Constitution, which reads "Marriage is based on the equality and mutual consent of the spouses who have reached the age determined by law. The State protects the interests of the family, motherhood, and the child."[3]

Discrimination protections and hate crime laws

Violence and discrimination against LGBT people in Mongolia are fairly common and often not reported to police. In 2001, a lesbian woman was raped, abducted and stabbed by two men. In 2009, an ultra-nationalist neo-Nazi group kidnapped three transgender women and sexually assaulted them. None of these crimes were reported to the police for fear of victimization. In February 2014, a gay man was sexually assaulted by a neo-Nazi group. Following public outcry from the LGBT community and civil society organizations, the Government of Mongolia announced in May 2014 that it would consider anti-discrimination legislation to protect LGBT people.[4]

On 3 December 2015, the Mongolian Parliament adopted a new criminal code, which bans hate crimes and hate speeches on the basis of sexual orientation and gender identity. The Criminal Code uses the vague term "crimes of discrimination", which is described as meaning hate crimes and hate speeches. Mongolian LGBT groups announced that they will be training the police on what hate crimes are, how to recognize them and the kind of assistance hate crime victims require. The Criminal Code took effect on 1 September 2016.[5][6]

Gender identity/expression

An amendment made in June 2009 to Article 20(1) of the Civil Registration Law allows transgender people to change their legal gender on birth certificates or citizen identification cards following sex reassignment surgery.[7][8]

Hate crimes and hate speeches on the basis of gender identity are outlawed in the country.[5]

Living conditions

As of present, LGBT-peoples lack visibility in Mongolia. While the country does not have much homophobia, as stated by westerners traveling to the country, there is also not much of a public acknowledgment of homosexuality.[9][10]

In 2009, after more than 10 failed attempts, the Mongolian Government registered the LGBT Centre, a non-governmental organisation which advocates for the rights of LGBT people.[7] Initially, the State Registration Agency refused to register the organization because it "conflicts with Mongolian customs and traditions and has the potential to set a wrong example for youth and adolescents."[5]

The International Day Against Homophobia, Transphobia and Biphobia has been celebrated in Mongolia since 2011.[11]

Summary table

Same-sex sexual activity legal (Since 1961)
Equal age of consent (Since 1961)
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Since 2016)
Hate crime laws include sexual orientation and gender identity (Since 2016)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender (Since 2009)
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. 1 2 State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults
  2. ↑ Onon, Urgunge (2001) The Secret History of the Mongols: The life and times of Chinggis Khan. Abingdon: Routledge-Curzon. p.11. ISBN 978-0700713356. "And anyone found indulging in homosexual practices should be executed."
  3. ↑ Mongolia – Constitution
  4. ↑ Mongolia Considers Anti-Discrimination Law to Protect LGBT Citizens Human Rights Campaign
  5. 1 2 3 "Inside Mongolia's Only Gay Bar". Gawker. 3 June 2016.
  6. ↑ "LGBT Centre executive director N.Anaraa talks LGBT rights, then and now". UB Post. 18 May 2016.
  7. 1 2 Shadow Report to the UN Committee on Economic, Social and Cultural Rights regarding Mongolia's Protection of the Rights of LGBTI Persons
  8. ↑ A PEEK INSIDE MONGOLIA’S ONLY GAY BAR… AND HOW IT’S HELPING SAVE LIVES
  9. ↑ Gay Mongolia: A Remote Path
  10. ↑ Mongolia, Asia
  11. ↑ Seidman, Lila (16 May 2016). "Mongolia celebrates 6th International Day Against Homophobia, Transphobia and Biphobia".
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