Tokens or competent agents? Constructing generational orders in Finnish law-making practice

Children, particularly those involved in child protection measures, are often excluded from the legislative processes that directly affect them. The study investigates the types of generational orders constructed during law-making and examines the discourses and subject positions that emerge within this context. The data consist of 11 expert interviews, involving 22 experts from diverse backgrounds, including representatives from child protection systems, non-governmental organisations, and various governmental agencies. The interviews were analysed using critical discourse analysis, focusing on the generational orders, discourses, modalities, and subject positions that are constructed during the law drafting process. The analysis identified two dominant discourses regarding children's participation in law-making. The first discourse highlights the exclusion of children and the adult-driven nature of these processes, where children are often treated as mere representatives or tokens. The second discourse emphasises the responsibility of adults to create a secure environment that enables children to participate more fully in the future, recognising them as individuals and citizens. Professionals working with children in child protection should seek to understand their clients as individuals and provide tailored support to ensure that each child's unique abilities are recognised and utilised. Efforts should also be made to enhance both civic and political engagement among these children and young people. Further research is needed to develop practices that support children in child protection as competent agents and active citizens. • Children, especially in child protection, are often excluded from laws that impact them. • Law-making is adult-dominated, with children treated as tokens. • Adults must create safe spaces that support children's future participation as citizens. • Child protection professionals should support each child's unique potential for civic engagement.