Decision on higher education tuition fees in public universities (Constitutional Court, France, 2019)

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.

Policy brief: The impact of place of origin on inequalities in higher education in France

International human rights law requires States to provide equal access to higher education without discrimination and to ensure the progressive realization of the right to free higher education. Although France outperforms many countries at the Organization for Economic Cooperation and Development (OECD) on many metrics regarding higher education, there remains significant problems, particularly ensuring equal access for students based on their place of origin. The opportunities students have, are not equal across all regions of France.

“Limited Potential” The Right to Higher Education in France Impact of Place of Origin and of Cost on Inequality

This report shows how a student’s place of origin within France, that is, the region in which they live prior to the beginning of their studies, coupled with their socio-economic background can mean that the cost of education, which is heavily influenced by the structure of the French higher education system, poses a significant barrier to their enjoyment of the right to higher education. 

Mohini Jain v Karnataka (Supreme Court of India; 1992)

In this case, a resident of Uttar Pradesh state challenged a notification issued by the Karnataka government that permitted private medical colleges to charge higher fees to students who were not allocated 'government seats'. The Supreme Court of India held that the charging of a ‘capitation fee’ by the private educational institutions violated the right to education, as implied from the right to life and human dignity, and the right to equal protection of the law.

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