Mongolia

Article 16
The citizens of Mongolia shall be guaranteed to exercise the following rights and freedoms:
4) The right to free choice of employment, to be provided with the enabling conditions for labor, to receive salary and remuneration, to rest and leisure, and to engage in private enterprise. No one shall be illegally forced to work.
11) Men and women shall enjoy equal rights in political, economic, social, cultural fields and in marriage. The marriage shall be based on the equality and consensual relationship of the spouses who have attained the age determined by law. The State shall protect the interests of a family, motherhood and the child.
13) The right to personal liberty and safety. No one shall be searched, arrested, detained, persecuted or restricted of liberty, except on grounds and procedures prescribed by law. No one shall be subjected to torture, inhuman, cruel or degrading treatment. Whenever the person is arrested, his/her family and advocate (legal counsel) shall be notified within a period of time prescribed by law of the reasons for and grounds of such arrest. The privacy of citizens, their families, confidentiality of correspondence and communication, and the inviolability of home residence shall be protected by law.
18) The right to freedom of movement and residence within the country, to travel and reside abroad and to return to their motherland. The right to travel and reside abroad may be limited exclusively by law for the purpose of ensuring the national and population security, and for protecting the public order.

MONGOLIA CONSTITUTION 1992 (WITH AMENDMENTS THROUGH 2001) (PDF)

Article 101. Illegal taking of human blood, organs or tissues
101.1. Taking of human blood, organs or tissues by use of violence or threat with such shall be punishable by imprisonment for a term of up to 4 years with or without deprivation of the right to hold specified positions or engage in specified business for up to 3 years.
101.2. The same crime committed against a person who knowingly is unable to defend oneself, or using own material or other superiority over the victim shall be punishable by imprisonment for a term of up more than 5 to 10 years with or without deprivation of the right to hold specified positions or engage in specified business for up to 3 years.
Article 102. Preparation or transplantation of human blood, blood product, organ or tissue in the inadequate conditions
102.1. Illness, disability or death of a human in consequence of preparation or transplantation of human blood, blood product, organ or tissue in the inadequate conditions shall be punishable by imprisonment for a term of up to 3 years with or without deprivation of the right to treat for a term of up to 3 years.
Article 109. Illegal detention
109.1. Illegal detention that has no signs of a crime of malfeasance or a crime against the administration of justice, as well as those of kidnapping or taking a hostage specified in this Code, or taking of a hostage or kidnapping shall be punishable by a fine equal to 51 to 70 amounts of minimum salary amount or by incarceration for a term of more than 3 to 6 months.
109.2. The above crime committed:
109.2.1. in a group or by a group at an advance agreement;
109.2.2. with violence dangerous to the victim’s life and health;
109.2.3. with use of a firearm or other items as an arm;
109.2.4. against two or more persons;
109.2.5. against knowingly a minor person or a pregnant woman shall be punishable by imprisonment for a term of up to 5 years.
109.3. The same crime committed by an organized group or a criminal organization, or if it has caused a grave harm shall be punishable by imprisonment for a term of more than 5 to 10 years.
Article 113. Sale and purchase of humans
113.1. Sale or acquisition of humans shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, 300 to 500 hours of forced labor or imprisonment for a term of up to 3 years.
113.2. The same crime committed:
113.2.1. with the purpose of taking human blood, tissues or organs;
113.2.2. with the purpose of engaging the victim into prostitution;
113.2.3. repeatedly;
113.2.4. against two or more persons;
113.2.5. against a person under the legal age;
113.2.6. in a group, by a group at an advance agreement shall be punishable by imprisonment for a term of more than 5 to 10 years.
113.3. The same crime committed on a permanent basis, by trafficking, by an organized group or a criminal organization or if it has entailed grave harm shall be punishable by imprisonment for a term of more than 10 to 15 years.
Article 116. Switching or illegal adoption of children
116.1. Intentional switching or illegal adoption of a child shall be punishable by a fine equal to 51 to 200 amounts of minimum salary, incarceration for a term of more than 3 to 6 months or by imprisonment for a term of 2 to 5 years.
Article 121. Forcing a child to labor
121.1. Illegally forcing a child to labor shall be punishable by a fine equal to 51 to 250 amounts of minimum salary or imprisonment for a term of up to 4 years.
Article 123. Advertising and dissemination of pornography and prostitution
123.1. Preparation, dissemination, sale, display to the public, crossing of the state frontier of the press, literature, films, video tapes and other items advertising pornography shall be punishable by a fine equal to 31 to 50 amounts of minimum salary or by incarceration for a term of 1 to 3 months.
123.2. Inducing a person under 16 to engage in the same crime shall be punishable by a fine equal to 71 to 100 amounts of minimum salary amount or by incarceration for a term of more than 3 to 6 months.
123.3. The same crime committed by use of violence against a minor, by a person who previously was sentenced for this crime, by an organized group or by a criminal organization shall be punishable by imprisonment for a term of up to 5 years.
Article 124. Inducing others to engage in prostitution and organizing of prostitution
124.1. Inducing a others to engage in prostitution by physical violence, threat of violence or deception shall be punishable by a fine equal to 150 to 250 amounts of minimum salary or by incarceration for a term of more than 3 to 6 months.
124.2. Setting up, running, financing of bordels, soutenering, provision of means of transport or premises for engaging in prostitution shall be punishable by a fine equal to 200 to 250 amounts of minimum salary, 300 to 400 hours of forced labor or imprisonment for a term of up to 3 years.
124.3. The same crime committed by an organized group shall be punishable by imprisonment for a term of more than 3 to 5 years.

CRIMINAL CODE OF MONGOLIA (PDF)

No text available.
In January 2012, Mongolia passed a new Law on Combating Trafficking in Persons.(32) The new Law expands the definition of trafficking to include forced prostitution and the prostitution of minors, assigns responsibilities for trafficking enforcement to Government agencies, and mandates coordination among the agencies. …”Following the passage of the 2012 Law on Trafficking, Parliament amended articles on trafficking in the Criminal Code to ensure consistency between the legislation.(22) Forced labor, human trafficking, sexual exploitation, and use of children in other illegal activities are prohibited in the Criminal Code.(29, 34)

LAW ON COMBATING TRAFFICKING IN PERSONS 2012 (PDF)

Section 7. Prohibiting the establishment of discrimination, limitations or privileges in labour relations
7.1. No one shall be illegally forced to work.
7.2. The establishment of discrimination, limitation, or privilege based on nationality, race, sex, social origin or status, wealth, religion, or point of view is prohibited.
7.3. When hiring a citizen, in the course of the labour relationship, due to the peculiarities and requirements of the work or duty, an employer has limited an employee’s rights and freedom, and then he shall be obligated to prove the basis for doing so.
7.4. When hiring a citizen, if it is not related to a peculiarity of the work or duty to be performed, asking questions related to private life, personal opinion, marital status, political party membership, religious beliefs, or pregnancy shall be prohibited.
7.5. If section 7.4 has been violated, and a prohibited question has been asked, an employee shall not be obligated to respond.
Section 141. Liabilities to be imposed on law violators
141.1 If a breach of the labour law is not claimed to be a breach imposing criminal liability, the following punishments shall be imposed on the guilty person:
141.1.1. An official who has illegally forced an employee to work shall be fined 5,000-30,000 to grogs; a business entity or organisation – 100,000-250,000 to grogs;
141.1.6. If an employer has forced women or minors to perform a labour prohibited by law, or to lift or carry the load exceeding the prescribed limits, or has forced an employee under 18 years age to work in a working place harmful to his mental development and health or under abnormal or special conditions, or to perform overtime work or to work on public holidays or weekends, or has violated Section 74 of this law -i.e. an employee was compelled to work overtime – the state labour inspector shall fine that employer 15,000-30,000 to grogs;
Section 109. Employment of minors
108.1 A person who reaches 16 years of age has a right to enter into a labour contract.
108.2 If it does not contradict with Subsection 109.5 of this law, person who reaches 15 years of age may enter into a labour contract, with the permission of parents or guardians.
109.3 A person who reaches 14 years of age may enter into a labour contract for the purpose of imparting vocational guidance and work experience, but only with the consent of his/her parents or guardians and the state administrative organisation in charge of labour issues.
109.4 It is prohibited to employ a minor in a job which would negatively affect intellectual development and health.
109.5 A list of jobs which are prohibited for a minor shall be approved by the member of government in charge of labour issues.

LABOR CODE OF MONGOLIA 1999 (PDF)