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, AI can provide access to education tailored to individual abilities and learning styles, thereby enhancing inclusivity and equality. However, the application of AI in this field also brings a range of legal and ethical challenges that require detailed analysis to safeguard the rights of this vulnerable population. This paper examines the role of AI in the education of children with SEN through the lens of inclusivity, 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 in the context of AI applications, as technological innovations must align with the principles of inclusivity 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 for the protection of the right to education, non-discrimination, and equality. Special emphasis is placed on data protection laws, such as the General Data Protection Regulation (GDPR), which mandate high 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, without compromising the dignity or autonomy of the child. Here, the necessity of applying the principle 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, ensuring that the implementation of AI not only addresses individual educational needs but also upholds fundamental human rights and promotes a truly inclusive educational environment, which the author tries to show through this work.

Keywords: Artificial Intelligence, Special Educational Needs, Inclusive Education, Legal Frameworks, Assistive Technologies, Children’s Rights.