Technical explanatory note: The criminalization of discrimination

This technical explanatory note provides information on discrimination in the workplace and discusses the effectiveness of different methods of tackling such discrimination, including the use of criminal sanctions.

This technical explanatory note provides an overview of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and its application in practice. It highlights different forms of discrimination, including direct discrimination, indirect discrimination and sexual harassment, and provides examples of behaviour that may or may not constitute discrimination.

The note sets out the current legal framework in relation to discrimination in the workplace in Mongolia. Furthermore, it considers provisions of the Criminal Code (2015) that are due to come into force on 1 September 2015, which criminalize discrimination based on a very wide range of characteristics.

The note discusses other means of combatting discrimination, such as imposing positive obligations on employers through civil legislation, and concludes that only serious forms of racial discrimination should be included in the criminalized.