From recognition to impact: communicational inclusion of children and adolescents with ASD in the Chilean justice system

Abstract

Introduction: The study identified the right of children and adolescents to be heard as a pillar of the protection system, recognized by the CRC and Chilean laws 19,968 and 21,430. It identified that the effective exercise of this right was strained when children and adolescents had autism spectrum disorder (ASD), due to communication and sensory particularities that were not sufficiently considered in forensic practice. Based on frameworks such as the Lundy model and the CRPD, the need for reasonable procedural conditions and support to ensure substantive participation was raised.
Development: The national and international framework, the Judiciary's guidelines, and the evidence on confidential interviews were reviewed, revealing a lack of standardized protocols and a predominance of verbal formats. ASD (DSM-5) was characterized, including communicational heterogeneity and atypical sensory processing, which increased stress in judicial settings. Under the umbrella of Universal Accessibility (physical, sensory, cognitive), Augmentative and Alternative Communication (AAC)—pictograms, boards, social scripts, voice output devices, and anticipation—was established as a resource for expanding comprehensibility and communicative agency. The gap between regulatory intent (including Law 21.545) and its implementation was evident due to a lack of training, resources, and operational guidelines.
Conclusions: The study concluded that the gap between legal recognition and actual participation persisted for children and adolescents with ASD. It determined that AAC, integrated into flexible protocols, improved understanding, self-regulation, and the voice of children and adolescents, provided that there was early communication assessment, individualized selection of supports, environmental adaptations, and interprofessional coordination. It recommended institutionalizing screenings, accessible preliminary materials, systematic use of AAC in hearings, evidentiary recording of supports, and ongoing training of operators, promoting pilot programs with fidelity, cost-effectiveness, and impact on decision quality assessments.