AIANDTHERIGHTSOFCHILDRENWITHSPECIALEDUCATIONAL NEEDS: LEGAL PERSPECTIVES ON INCLUSIVITY
The introduction of artificial intelligence (AI) in education represents a significant step toward personalized learning, especially for children with special educational needs (SEN). Through adaptive algorithms,AIcanprovideaccesstoeducationtailoredtoindividualabilitiesandlearningstyles,thereby enhancinginclusivityandequality.However,theapplicationofAIinthisfieldalsobringsarangeoflegal andethicalchallengesthatrequiredetailedanalysistosafeguardtherightsofthisvulnerablepopulation. ThispaperexaminestheroleofAIintheeducationofchildrenwithSENthroughthelensofinclusivity, legal frameworks, and ethical considerations. Primarily, the paper presents the opportunities AI offers in special education, including the use of assistive technologies, communication tools, and adaptive learning platforms. AI-based technologies enable rapid and precise customization of content to meet the individual needs of students, thereby helping to eliminate barriers to education. The implementation of an inclusive approach in education means that educational institutions must adapt to the individual needs of each student, rather than expecting students to fit into predefined educational frameworks. While this approach is crucial for ensuring equal access to education, its implementation often requires significant and complex changes. This concept is particularly important inthecontextofAIapplications,astechnologicalinnovationsmustalignwiththeprinciplesofinclusivity and human rights. The paper further analyzes international legal frameworks related to the rights of children and persons with disabilities, such as the United Nations Convention on the Rights of the Child (UNCRC) and the Convention on the Rights of Persons with Disabilities (CRPD). These documents provide a foundation fortheprotectionoftherighttoeducation,non-discrimination,andequality.Specialemphasisisplaced ondataprotectionlaws,suchastheGeneralDataProtectionRegulation(GDPR),whichmandatehigh standards for safeguarding children’s personal data. Although AI can significantly enhance the monitoring of student progress, it is essential to ensure that such technologies are used responsibly, withoutcompromisingthedignityorautonomyofthechild.Here,thenecessityofapplyingtheprinciple of “do no harm” as central to the integration of AI in education is highlighted. Ultimately, the successful integration of AI in the education of children with special educational needs requires a multidisciplinary approach that balances technological advancement with ethical considerations,ensuringthattheimplementationofAInotonlyaddressesindividualeducationalneeds but also upholds fundamental human rights and promotes a truly inclusive educational environment, which the author tries to show through this work.
engleski
2025
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Artificial Intelligence, Special Educational Needs, Inclusive Education, Legal Frameworks, Assistive Technologies, Children’s Rights.