Documentary Analysis of the Chilean ASD Law: Conceptual Contradictions, Diagnostic Aspirations and Opportunities for the Inclusion of People on the Autism Spectrum

Authors

DOI:

https://doi.org/10.4067/S0718-73782025000100099

Keywords:

Inclusion, Autism spectrum, ASD law, Inclusive education

Abstract

In recent years, there has been increased visibility and awareness of the autism spectrum, and with it, its identification, with more and more people being diagnosed on the autism spectrum. Laws can play a fundamental role in the protection of people's rights, by guaranteeing their access to services and supports necessary for their development and well-being. Through a qualitative documentary study, a content analysis of the Chilean Law 21.545 or “ASD Law”, enacted on March 2th, 2023, was carried out. The analysis revealed two contradictory perspectives present in the law: one that emphasizes the treatment of autism spectrum disorder, focusing on early detection and intervention, and another that promotes the acceptance and inclusion of people on the autism spectrum as a form of neurodiversity. Both perspectives recognize the importance of accessing services and supports. However, the problems caused by the contradictory perspectives and the lack of reliable and validated methods for early detection in Chile is noted. It is discussed how this law can lead to important problems of overdiagnosis.

Author Biographies

Isidora Zañartu, Universidad de Concepción

Psychologist, Master's Degree in Psychology, specialising in Educational Psychology, and PhD candidate in Psychology at the University of Concepción, Chile. She has taught in the areas of educational psychology and research methodology in Psychology and Education degree programmes and has coordinated FONDECYT research projects. Her research focuses on the study of emotions of achievement, school engagement and special educational needs, particularly in autism and high abilities, also studying variables such as parental involvement and teacher-student relationships as precursors of school engagement. She is currently working on her doctoral thesis entitled ‘Students on the Autism Spectrum and their Academic Performance: A Mixed Study on the Influence of Emotions of Achievement, Commitment and School Disengagement’.

Yasna Chávez Castillo, Universidad de Concepción

Teacher of Special Education, specialising in intellectual disabilities. Master's degree in Psychopedagogy and Special Education, and PhD candidate in Psychology at the University of Concepción, Chile. She has taught inclusive education to education students and worked as a research assistant on FONDECYT research projects. Her research focuses on the study of educational inclusion, pedagogical and emotional scaffolding, school engagement, and special educational needs, particularly in cerebral palsy, also studying variables such as teacher-student interaction. She is currently developing her doctoral thesis entitled ‘Contingent scaffolding and affective phenomena in special education: An exploratory study of multiple cases with students with cerebral palsy.’

Published

2025-07-31

How to Cite

Zañartu, I., & Chávez Castillo, Y. (2025). Documentary Analysis of the Chilean ASD Law: Conceptual Contradictions, Diagnostic Aspirations and Opportunities for the Inclusion of People on the Autism Spectrum. Revista Latinoamericana De Educación Inclusiva, 19(1), 99–113. https://doi.org/10.4067/S0718-73782025000100099

Issue

Section

Temática Libre