Revised law now enables stay-at-home fathers to receive childcare allowance

2021-05-10 11:26:18

Ulaanbaatar /MONTSAME/. The plenary session of the Mongolian parliament, State Great Khural, held on May 6, Thursday, conducted the final discussion on draft amendments to the Law on Allowances for Mothers and Single mothers/fathers with Many Children. 74.5 percent of the members of the parliament present at the session or 41 members out of total 76 voted in favor of the approval of the amendments. 

The bill was developed in line with the State Great Khural’s earlier acceptance of the conclusion No.1 of 2021 made by the Constitutional Court of Mongolia. 

On January 20, 2021, the Constitutional Court of Mongolia issued 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 only mothers 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.

The changes made to the law now enables mothers or fathers as well who are caring for their children aged 0-3 years old and twin children aged up to 4 years old at home to receive childcare allowances. 

Minister of Labor and Social protection A.Ariunzaya informed that there are around 7,200 people who are currently receiving monthly childcare allowances, and in line with the recent amendments, no changes are to be made to the government budget. “Moreover, fathers who are taking care of their children aged 0-3 are allowed to participate in the ‘Mothers with Salary’ program in addition to mothers. As a result, around 20,000 fathers are expected to receive childcare benefits in total.” 

The revised law will come into force on July 1, 2021.