Constitutional Court overturns childcare priority for working parents
Since last year, Flanders has given priority to childcare for working parents. This prompted a court case by 20 civil society organisations (CSOs), which called the rules discriminatory. On Wednesday, the CSOs announced that the Constitutional Court had ruled in their favour.
On 1 April 2024, Flanders introduced new rules to determine who gets priority for income-related childcare. These give priority to parents who together work at least 80 per cent, or who are in full-time education. The number of places reserved for families in vulnerable situations were also reduced.
Twenty CSOs denounced the tightened priority rules and went to the Constitutional Court to have them overturned. The organisations argued that the rules discriminate against women, people living in poverty, people with disabilities or chronic illnesses, and people with a migrant background.
Discriminatory rules
On Wednesday afternoon, the court ruled that the priority rules must be annulled. The court said they violate the right to equal access to childcare without adequate justification and are discriminatory. It also ruled that the decision to restrict the number of places for vulnerable families must be reverted.
"The Constitutional Court rejects the Flemish government's arguments," said lawyer Lies Michielsen on Wednesday. "All children have the right to access childcare, it is a fundamental right."
"All children have the right to access childcare, it is a fundamental right"
Responding to the ruling, Flemish Budget minister Ben Weyts said the government should relax the priority rules rather than abolish them altogether. "If there are waiting lists for childcare, it makes sense that those who work get priority. That way you reward people who work and contribute."
But Welfare minister Caroline Gennez said the government's extra investment would make the childcare shortage disappear altogether. "We have released 200 million euros with this government for 10,000 additional [childcare] places," she said. "With these additional places, there will no longer be a need for priority rules."
#FlandersNewsService | PHOTO © IMAGEBROKER
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