Constitutional Court cancels new priority rules for access to childcare
Twenty midfield organizations, including the Dutch -speaking women’s council, filed a complaint against the new priority rules in childcare at the Constitutional Court. In what they called ‘the childcare shop’, they are now right. Because in a judgment that has just been published, the Court states that the priority rules for parents who work at least four fifths or follow an equally intense training that leads to a job, violate the principle of equality and non-discrimination. It is absolutely not justified, according to the judges, that absolute priority is given to this group, at the expense of families with, for example, long -term sick parents or half -time -working parents.
Because of this judgment, the decree with which the previous Flemish government introduced these new priority rules. The restriction to preserve only ten percent of the reception places per day care center for children from vulnerable families, with a low income, therefore expires. The old priority rules come back in force, so that reception initiatives have to be reserved for up to a quarter of their places for children from vulnerable families with a low income.
Lies Michielsen, lawyer at Progress Lawyers Network, is satisfied. « The Flemish Government stated that the priority was needed for 4/5th workers because of the large location deficit in childcare. The Constitutional Court wipes this reasoning. All children have the right to access childcare, which is a basic right. »
Heleen Struyven, spokesperson for the childcare shop, emphasizes: « The court therefore acknowledges that good childcare not only has an economic function, but also plays an important social and pedagogical role for all children. This victory was the result of a strong coalition. It is a very large victory for us.
Gennez: “No priority rules required with extra places”
With the extra places that we create in childcare, no priority rules will be needed. That is what Flemish Minister for Welfare Caroline Gennez (Vooruit) says in a response to the judgment of the Constitutional Court.
Gennez now wants to take the time to quietly study the judgment. « With this government we have released 200 million euros for 10,000 extra places, » she says. « The call for initiatives will soon be launched. With those additional places, no priority rules will be needed. »
« Absolutely retain priority for workers, » says Weyts
The Flemish Government should not throw the priority rules for working parents in the income -related childcare completely overboard after the judgment of the Constitutional Court. That is at least Viceminister President and Minister of Budget Ben Weyts. « We must absolutely retain the priority for workers, » says the N-VA Minister in an initial reaction.
« If there are waiting lists for childcare, then it makes sense that those who work get priority. This is how you reward people who work and contribute. And so you give a clear signal to people who don’t work: they can get benefits by working. »
According to the N-VA Minister, the Constitutional Court follows that logic too. « But she says that we are not allowed to make such a strict distinction between families who work at least 4/5th works and families that work less. It is possible that we now have to become more flexible for part -time work, rather than the bar on 4/5th, but the essence must be absolutely retained: priority for those who work, Dixit Weyts.
Response from Groen
« Rightly so that the Constitutional Court whistles the Flemish Government about the priority rules in childcare. This is an important victory for all those parents and organizations that enforce a social policy, » responds Groen-Parliament to Jeremie Vaneeckhout. « Instead of making it a struggle to exclude children from reception, the government would emphasize its energy. « Unfortunately, after six months of ministry, Minister Gennez has not achieved anything more than some announcements left and right that will not make the difference: only by making the job of children’s counselors more attractive and workable will something really change in the field. But she doesn’t. »
Crevits: “As long as there is a place shortage, priority rules will remain necessary”
Viceminister President Hilde Crevits (CD&V) wants to analyze the judgment of the Constitutional Court on the priority rules in childcare and discuss it in the government’s lap.
Under the previous government, Minister Crevits defended the new priority rules for workers, although it said it was « not very heartily ». « As far as I am concerned, those priority rules should just leave as quickly as possible. In my ideal world, no priority rules are needed, » it sounded a year ago in the Flemish Parliament.
« But », the CD&V minister responds on Wednesday, « as long as there is a shortage of places, priority rules are needed ». « There used to be priority rules, » the minister notes. According to her, it remains « extremely important that parents who work or follow a training can find childcare ».
Family Association supports the Constitutional Court decision
The Family Association supports the decision of the Constitutional Court to destroy the priority rules in childcare and wants more clarity from the Flemish government. « We are very satisfied with the ruling of the Constitutional Court, » says Jeroen Sleurs, general director of the Family Association. Childcare is a right to every child for the Family Association.
« If the government wants as many people as possible to work, it must also provide enough childcare for anyone who needs it, » Sleurs continues. « In certain cases, the new priority rules are even counterproductive because the network staff members in childcare, and with expansion the healthcare sector, are often working part -time, so that staff shortages will certainly not be resolved. »
According to the Family Association, the biggest victims of the priority rules are vulnerable children of parents who are not or limited professional active. « Research shows time and time again the social and pedagogical function of childcare. Coordinate childcare to what parents and children need, » concludes Sleurs.
PvdA: « Flemish government called back all over the line »
Flemish MP Lise Vandecasteele (PvdA) responds satisfied to the judgment of the Constitutional Court about the priority rules in the income -related childcare. « The Flemish Government is called back throughout the line over the stricter priority rules in childcare, » said Vandecasteele. « Rightly so, » she says, « because they are rules that exclude a lot of children and parents from a basic right, from childcare ».
According to Vandecasteele, the fact that the Flemish Government is called back by the Constitutional Court is « entirely due to herself ». « Everyone, from the professional field about the trade unions to the SERV and the experts warned that the priority rules were a bad idea, yet the government continued. I hope they learn lessons from this and take the advice of the midfield seriously from now on, » it sounds.
According to the PvdA politician, there is also a simple solution to the problem of priority rules: « Instead of excluding children to tackle the place shortage, you really have to invest in a place for every child. »
