Case Studies of Legal Inclusive Design and Policy in Compliance with the AI Act: Amplifying Older Adults’ Voices in AI-Enabled Robotics through a Fundamental Rights-Based Design

Abstract

Assistive robotics are emerging as promising technological solutions that enhance both the physical and social well-being of older adults, promoting autonomy, dignity, and independent living. While much of the existing literature primarily focuses on the risks posed by AI and robotics—particularly around issues such as emotional vulnerability, privacy concerns, and threats to human dignity—this article adopts a more balanced approach. It acknowledges the inherent risks associated with socially assistive robotics (SARs), but also emphasizes the potential of these technologies to safeguard and promote the rights of older adults through fundamental rights-based design. To that end, the article aims to amplify the voices of older individuals in the design, implementation and regulation of SAR technologies. It underscores the critical need for “fundamental rights-based”, “inclusive” “legal” design model that safeguards digital inclusion, privacy, social and cultural participation, safety, and dignity of older adults. By offering exemplary legal design models that align with key standards such as the Charter of Fundamental Rights of the European Union (CFR), the General Data Protection Regulation (GDPR), and the Artificial Intelligence Act (AIA), it demonstrates how legal design can ensure compliance with existing legal frameworks while promoting innovations. Beyond legal frameworks, the article also calls for robust “social policy measures” that support inclusion and accessibility in AI-assisted care. By addressing both the legal and social dimensions, this research contributes to the ongoing discourse on the legal design and deployment of AI-enabled assistive technologies to create more just, inclusive and human-centered future for older adults’ care through automation.