Children's Rights and Artificial Intelligence

A Constitutional Analysis

Abstract

Argentina has assumed international obligations by signing treaties that enshrine the right of children to participate and be heard in processes where their interests are involved. Today, the incorporation of AI in processes involving chilren's rights presents a challenge within a constitucional framework. Article 76 of the Constitution of the Province of Jujuy explicitly incorporated AI in the Constitutional Reform of 2023. An initial approach invites us to explore the advantages and challenges of using AI in the judicial system, particularly in cases involving children, as well as the necessary measures to ensure that these technologies respect and protect their rights, avoiding biases and ensuring transparency and fairness in judicial decisions.