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THE BEST INTEREST OF CHILDREN AND ADOLESCENTS WITH AUTISM SPECTRUM DISORDER IN THE EDUCATIONAL TRAJECTORY IN CHILE

Abstract

The purpose of this paper is to study the special educational needs of children or adolescents with autism spectrum disorder, from the point of view of the best interest principle. The method used involves the analysis of the corresponding regulations, doctrine and jurisprudence, taking into account the requirements arising from this principle, so as to be able to apply it to specific cases in the context of Chilean education. In this order of ideas, we refer to the admission of such children or adolescents in educational institutions considering the mentioned principle and its application to each specific case. As a result of this research, it is determined that the mere existence of an autism spectrum disorder should be rejected as a basis for a decision of non-renewal of enrollment and that referral to special educational facilities should be an exceptional measure, and a primacy of “inclusion” over “integration” is proposed.

Educational needs; educational discrimination; childhood; inclusive education; right to education

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