Mongolian Law Against Domestic Violence
May 2004

The Mongolian Law Against Domestic Violence (hereinafter, the Law) includes positive changes in legislation with regard to domestic violence. The Law articulates important principles on which it is based. Article 4 states, “Activities aimed at combating domestic violence shall be based on the principle of providing security to victims, prevention from possible violence, taking complete measures against violence timely, influencing behavior of offenders and strengthening stable family relationship.”

The Law also states that the State shall provide shelter to victims and promote NGO activities aimed at combating and preventing domestic violence. Government funding of these activities is also addressed in the Law. The Law provides the important remedy of orders for protection. However, the Law also presents many potential obstacles to ensuring domestic violence victims’ safety and offender accountability for violent crimes.

The Law contemplates a great deal of state intervention in cases of domestic violence, independent of victims’ wishes or requests and without the involvement of advocates who work with victims and can best represent their interests. For example, Article 7.1 authorizes police, “To submit a request to the court regarding an issuance of temporary protection order or protection decision.” Article 8.1.1 authorizes social welfare staff, “To assess environment in domestic violence might occur and define level of negative influence of the environment and danger jointly with police officers”. Article 10.1 obligates teachers, medical personnel and social welfare staff to inform police of violence or “potential violence. Articles 14 and 15 authorize attorneys, social welfare staff and others to request an order for protection and Article 16.3 provides the court with authority to issue the order based on that request.

Provisions which authorize government representatives to make decisions about the issuance of an Order for Protection without the involvement of the victim may in some cases interfere with safety and other interests of the victim. A primary goal of government intervention in cases of domestic violence should be to respond to the needs of victims. This goal is not served by provisions in the Law which authorize government action and intervention in the Order for Protection process independent of the victim’s wishes.

In addition, women who are victims of violence are most often the best judges of the dangers presented to them by violent partners. Therefore, it is not advisable to exclude them from decisions about how to handle a violent situation in their home. This is particularly true since we know that one of the most dangerous times for many women is when they separate from their abusers, which would occur, of course, upon the issuance of an Order for Protection as provided by the Law. A 2003 study described by the Family Violence Prevention Fund confirmed that "[s]eparating from an abusive partner after having lived with him, leaving the home she shares with an abusive partner or asking her abusive partner to leave the home they share were all factors that put a woman at 'higher risk' of becoming a victim of homicide." It is very important for a battered woman to make her own decision to leave a relationship because she is in the best position to assess the potential danger.