Constitutional Court: Child care allowance to mothers contradicts Constitution of Mongolia

Politics
baljmaa@montsame.gov.mn
2021-01-21 15:12:26

Ulaanbaatar /MONTSAME/. At its January 20 medium bench session, the Constitutional Court of Mongolia made a conclusion that provisions in 1.1, 3.1.3, and 6.2 of the Law on Allowances for mothers and single mothers/fathers with many children are in conflict with the article 11.16 and 14.1 and 14.2 of the Constitution of Mongolia


In particular, the 2017 Law on Allowances for mothers and single mothers/fathers with many children enables to grant child care allowance to mothers only who are taking care of their children (aged 0-3 years old) to whom they have given birth. 


According to the Constitutional Court, this prevents fathers who are caring for their children under the same condition from receiving the monthly child care allowance and creates gender disparity on parenting. 


In addition, this regulation is deemed to indirectly give more responsibility to mothers in parenting and limit the choice for equal parental responsibility to mothers and fathers.