Abstract

The United Nations Convention on the Rights of the Child has advanced a model of active citizenry for children, which is difficult to reconcile with the still dominant Western notions of childhood that fetishize innocence and attribute passivity and incompetence to children. This article explores the manner in which state policy, Canadian courts, and children's politics in Canada have responded to the imaginary of the active child citizen. The Canadian government has provided limited political space to young people and has narrowly construed children's participation rights as limited to family law and juvenile justice. The reluctance of adult decision-makers to open up policy-making to the contributions of children has been further hindered by the current anti-democratic cast of neo-liberal governance. This article examines how quasi-judicial tribunals and the Canadian courts have invoked the Convention in their dealings with child asylum seekers, only to construct childhood participation and childhood protection as mutually exclusive. The article concludes with a brief exploration of the alternative model of children's citizenship revealed by the children's movement organization, Free the Children. In contrast to the relative failure of adult decision-makers to implement the participation rights of children, the contemporary children's movement advances a view of children as empowered, knowledgeable, compassionate and global citizens, who are nonetheless, like other marginalized groups, in need of special, group-differentiated protections.

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