Pressing Issues of Human Rights Protection on Mongolia: A Comparative Legal Analysis

More than three decades have passed since Mongolia adopted its new democratic Constitution. During this period, the Constitution characterized as democratic has played a decisive historical role as the principal legal instrument for establishing constitutionalism and guaranteeing fundamental human rights and freedoms, thereby contributing significantly to the country’s social and political development. Its achievements, guiding principles, and historical significance are undeniable. At the same time, it is equally true that, as time has passed, certain shortcomings and pressing challenges have emerged. Successive generations of scholars, constitutional theorists, and legal practitioners have devoted sustained intellectual effort to identifying these shortcomings and proposing reforms, improvements, and doctrinal developments aimed at strengthening constitutional governance and the protection of fundamental rights. Nevertheless, one of the most serious contemporary challenges facing the democratic Constitution closely linked to state sovereignty and national interests concerns the right to live in a healthy and safe environment as guaranteed under Article 16 of the Constitution of Mongolia, as well as the effectiveness and consequences of its implementation. Despite having a population of fewer than four million, a significant proportion of Mongolia’s population continues to suffer from the inability to fully enjoy and effectively enforce constitutionally protected rights. In practical terms, many individuals lack clear and accessible mechanisms for seeking remedies for violations of their rights: they do not know where to turn, how to obtain protection or restoration of violated rights, who bears legal responsibility, or how to claim compensation for harm to their health. As a result, the constitutional guarantee of the right to a healthy and safe environment remains largely ineffective in practice. Although the democratic Constitution formally safeguards inalienable human rights, insufficient implementation has led to systematic violations of the right to live in a healthy and safe environment. The consequences of these violations extend beyond individual harm and pose broader risks to state sovereignty and national security. Addressing this situation requires an in-depth examination grounded in comparative legal methods and principles. Accordingly, constitutional scholars, legal academics, and practitioners bear a responsibility to contribute to the protection of national sovereignty, national security, and the public interest by studying and adapting best practices and successful models from other jurisdictions within a comparative legal framework. Such an approach is essential for developing effective solutions to pressing human rights challenges in Mongolia, reinforcing the core values of the democratic Constitution, and establishing a robust legal environment that genuinely guarantees the right of Mongolian citizens to live in a healthy and safe environment as a fundamental pillar of national sovereignty and security.