In 2019, the French Constitutional Court (Conseil Constitutionnel) was seized by student unions and associations regarding public higher education tuition fees concerning international students from outside of the European Union. The plaintiffs argued that under paragraph 13 of the preamble of the French constitution, public higher education should be equally accessible to all and free. The Constitutional Court found that modest tuition fees in public higher education, where appropriate and depending on the financial capacity of students, do not go against the principle of equal access to education and the principle of free higher education. The right to education should ensure that access to higher education is financially possible for every student. Thus, limited tuition fees can be set by legislators under the control of the judicial system. Therefore, the Court states that the right to education of international students to access French public higher education system was not violated.
In 1995, the parents of an Indian pupil brought a case against University of Natal because her application to medical school was rejected despite the satisfactory results she obtained in her qualifying examinations. They claimed that the admission process was discriminatory because it did not consider all the applications equally, but set higher admission standards for Indian students and lower ones for African students. The parents argued that this is as a violation of ‘equal access to educational institution’ provision of the constitution as well as sections 8(1) and 8 (2) in regard to ‘setting a discriminatory practice’. The Court agreed that while Indian community had been decidedly disadvantaged by the apartheid system, African pupils were even more so. Accordingly, the Court held that a selection system which compensated for this discrepancy does not violate the provisions of sections 8(1) and 8(2) of the Constitution.