Mongolia

Mongolia has made significant strides in upholding the human rights of LGBTIQ people since the decriminalization of same-sex relations in 2001. However, challenges remain, particularly in marriage equality, as the 1992 Constitution explicitly prohibits same-sex marriages. Despite this, the country has seen progress in other areas of LGBTQ protection, including in safeguarding the rights of people based on sexual orientation, gender identity, and expression through anti-hate crime legislation. While there are no known legal barriers to the ability of LGBTIQ organizations to register, an all-encompassing law that came into force in 2020 provides Mongolia with wide, arbitrary powers to scrutinize the activities of NGOs operating within the country, which poses a barrier to all organizations from operating freely.

One notable advancement is the increased recognition of the right to the legal recognition of gender identity. The Civil Registration Law, adopted in 2009, allows for legal gender recognition. Article 14 of the law requires applicants to be above 18 years and to provide a “medical verification document on the sex change.”    The Criminal Code of Mongolia (2015) criminalizes discrimination on the basis of sexual orientation and gender identity. Article 1.3 includes sexual orientation as a ground protected from discrimination. Article 10.1 classifies the killing of another human being as a hate crime if it is motivated by bias toward race, national or ethnic origin, gender, or sexual orientation, increasing the maximum punishment from 15 years to 20 years of imprisonment. Other crimes with aggravated penalties include intentional infliction of serious bodily injury (Article 11.1) and obstructing the exercise of freedom of religion or conscience (Article 14.4).

*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.