El derecho constitucional a la educación y la IA generativa: propuestas para mitigar la exclusión digital educativa

Historically, the Right to Education, shaped by the prevailing state of science, has been restricted to privileged social classes, giving rise to various forms of inequality. The rapid emergence of generative artificial intelligence, with its capacity to produce adapted knowledge, represents a qualitative leap toward the real overcoming of such discriminations. Experience has shown that efforts to make a technology accessible are insufficient if its functioning is not properly understood. This article analyzes the shortcomings of the Spanish public university system in addressing this challenge and proposes action guidelines, in line with constitutional and European case law, grounded in social values and aimed at ensuring genuine digital inclusion in higher education. Received: 30.04.2025Accepted: 10.06.2025