Right to higher education: unpacking the international normative framework in light of current trends and challenges

Higher education is too often dissociated from the right to education. In many countries tuition fees are on the rise, and only the privileged have access to, or succeed in completing, higher education, making it difficult to argue that there is an actual right to higher education to be enforced. However, international human rights law is clear: the right to education includes the obligation of states to ensure that higher education is made accessible to all based on capacity. In addition, states have an obligation to progressively introduce free higher education, an obligation which is yet to be implemented globally.

Confronted with drastic changes worldwide in terms of rising inequalities, human movement, growing digitalization and the effects of the COVID-19 pandemic, it is high time to clarify existing obligations as well as what aspects of the right to higher education might require further explanation considering new contexts and challenges.