4.8 Current debates and reforms
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Forthcoming policy developments
Inclusive Social Code Book VIII (SGB VIII)
The development of inclusive child and youth welfare services has been a topic of ongoing political debate in Germany for some time. The Act to Strengthen Children and Youth (Kinder- und Jugendstärkungsgesetz) of June 2021 established overall responsibility for children and young people under Social Code Book VIII (SGB VIII). This also includes the shift of responsibility for integration assistance, which is currently governed by SGB Book IX. Integration assistance (Eingliederungshilfe, EGH) is a social benefit designed to enable individuals with disabilities to lead independent lives. This includes participation in working life, education and social inclusion. Benefits cover assistance benefits, training budgets and care allowances. The new overall responsibility is set to take effect on 1 January 2028. This integration of services poses significant technical, personnel and organisational challenges, which are being discussed in various expert forums (Child and youth services report, Kinder- und Jugendhilfereport, p. 116). Civil society and self-advocacy groups remain divided on the issue. On the one hand, there are concerns that progress towards inclusion under the current integration assistance system could be undermined by transferring responsibility to public child and youth services providers. On the other hand, the transition could represent an opportunity for greater inclusivity within child and youth welfare, dismantling Germany’s dual and exclusive system of support (cf. Arbeitsgemeinschaft Kinder- und Jugendhilfe, Forum Jugendhilfe, Forum Jugendhilfe. Im Fokus SGB VIII-Reform, p. 5).
For more information, go to YouthWiki Chapter 1.9: Youth Policy Governance/Current debates and reforms.
Guaranteed child allowance (Kindergrundsicherung)
The guaranteed child allowance (Kindergrundsicherung) is a policy project of the German government that was approved by the Federal Cabinet on 27 September 2023 with the government draft for the introduction of the guaranteed child allowance (Regierungsentwurf zur Einführung der Kindergrundsicherung). In future, the guaranteed child allowance will be the central benefit for all children, and is designed to be simple, unbureaucratic and citizen-friendly. Interaction with other benefits, such as the citizen’s allowance (Bürgergeld), housing benefit, BAföG for single parents, maintenance payments and advance maintenance payments, should not result in any deterioration of the current support available. The primary goals of the guaranteed child allowance are: “to protect children from poverty, enable them to grow up free from financial concerns and offer them better opportunities for a successful start in life; to combat hidden poverty in Germany by reaching more families and children in need of support than is currently possible [and to create] a comprehensive safety net for all children and their families” (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Family Report 2024; (Bundesministerium für Familie, Senioren, Frauen und Jugend, Familienreport 2024, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Info paper. Introduction of guaranteed child allowance, Bundesministerium für Familie, Senioren, Frauen und Jugend, Infopapier. Einführung einer Kindergrundsicherung). The guaranteed child allowance also provides for a basic child benefit check, which uses automated data retrieval and statistical modelling to actively inform eligible families about their potential entitlement to income-based supplementary allowances and assists them in asserting their claims (Bundesministerium für Familie, Senioren, Frauen und Jugend, Familienreport 2024). The federal government’s draft bill has faced significant criticism from experts. During a hearing by the Committee for Family Affairs, Senior Citizens, Women and Youth on 13 November 2023, concerns were raised about the tight implementation timeline and absence of substantial financial benefits (German Bundestag debates enshrinement of guaranteed child benefit in the Basic Law, Der Deutsche Bundestag, Verankerung der Kinderrecht im Grundgesetz debattiert).
Ongoing debates
Fundamental rights of the child
The United Nations Convention on the Rights of the Child has been in force in Germany since 1992. Since then, there has been an ongoing debate about enshrining children’s rights in the Basic Law. The federal government is making another attempt to achieve this as part of the coalition agreement for the 20th legislative period. In January 2021, the Federal Cabinet adopted a draft bill proposing the following additions to Article 6(2) of the Basic Law: “The constitutional rights of children, including their right to develop as responsible individuals, shall be respected and protected. Children’s best interests must be taken into account in an appropriate manner. The constitutional entitlement of children to a fair hearing in front of the law must be ensured. The primary responsibility of parents remains unaffected” (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Family Report 2024; Bundesministerium für Familie, Senioren, Frauen und Jugend, Familienreport 2024, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Info paper. Introduction of guaranteed child allowance). An agreement on the amendment could not be reached during the parliamentary process in spring 2021, as amending the Basic Law requires a two-thirds majority in both the Bundestag and Bundesrat (Bundesministerium für Familie, Senioren, Frauen und Jugend, Familienreport 2024). The proposed amendment to the law failed in its initial attempt but continues to be a subject of discussion and is actively being pursued (State Centre for Political Education. Baden-Württemberg, Children’s rights in the Basic Law, Landeszentrale für politische Bildung. Baden-Württemberg, Kinderrechte im Grundgesetz).
For more information, go to YouthWiki Chapter 1.9: Youth Policy Governance/Current debates and reforms.