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.
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.