Overlooked and Invisible: The Inclusion of Children with Special Needs in the Juvenile Justice System

This study conducts a critical narrative review of the intersections between juvenile delinquency and special needs, a field that remains underexplored in criminological and legal scholarship. While research has largely focused on psychiatric disorders, the experiences of children with special educational needs within the juvenile justice system have received limited attention. To address this gap, the review is structured around diagnostic categories recognized within the special education system, including intellectual disabilities, learning disabilities, autism spectrum disorder, sensory impairments, physical disabilities, and giftedness. In this study, the term “special needs” is used as an umbrella concept referring to the categories recognized within the Special Education Services Regulation of the Ministry of National Education in Türkiye, including intellectual disabilities, learning disabilities, autism spectrum disorder, sensory impairments, physical disabilities, and giftedness. Beyond clinical considerations, the study examines legal vulnerabilities, particularly the assessment of criminal responsibility and access to procedural justice. By synthesizing fragmented findings, the review demonstrates that children with diverse special needs encounter similar structural challenges. The findings reveal four recurring themes: systemic invisibility, structural barriers in diagnosis, etiological uncertainties, and significant intervention gaps. The study argues that “one-size-fits-all” judicial approaches are insufficient and highlight the importance of interdisciplinary reforms grounded in child rights and disability-inclusive justice frameworks.