France

This report, jointly produced by Right to Education Initiative; La FAGE, Fédération des Associations Générales Etudiantes; and Global Students Forum, focuses on the right to higher education, questioning France’s compliance with its obligations regarding article 2.2 and article 13.2 (c) of the International Covenant on Economic Social and Cultural Rights (ICESCR).

In her 2022 Report on the impact of the digitalisation of education on the right to education, the United Nations Special Rapporteur on the right to education clarified that any introduction of digital technologies in education must be framed around the right of every person to public, free, quality education and the commitments of states in this regard both under international human rights law and Sustainable Development Goal 4.

Is French Higher Education truly accessible to all, without any discrimination? What are the impacts of the privatization of Higher Education on the right to equal access to Higher Education and quality education for all?

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.

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.

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. 

France’s investment in the education multinational Bridge International Academies (BIA) has raised serious concerns regarding the extraterritorial obligations (ETOs) of France, in relation to the rights set out in the International Covenant on Economic, Social and Cultural Rights (ICESCR), particularly, the right to education.

This report assesses asylum seekers’ and refugees’ opportunities to access early childhood education and primary, secondary and tertiary education and training. It identifies measures available for their support, as well as possible areas for improvement.

This compilation of good practices is intended to provide examples of meaningful and promising activities implemented in Council of Europe member states to promote an education free from gender stereotypes and identify new ways to implement the measures comprised in the Committee of Ministers Recommendation on Gender Mainstreaming in Education.