In a landmark decision for public education in Mexico, the Supreme Court of Justice of the Nation (SCJN) ruled that public universities, specifically the National Autonomous University of Mexico (UNAM), cannot charge for courses that are essential and structural requirements for obtaining a professional degree.
By a majority of seven votes to two, the Court established that these charges violate the principle of free education enshrined in the Constitution since 2019.
The ruling stemmed from an injunction filed by a law student (Open University modality) at UNAM. The student challenged the fee for the “Reading Comprehension Course,” a mandatory requirement for graduation offered at the faculty’s Language Center.
The Court ruled that, as an essential component of the curriculum, the course should not generate additional charges. Consequently, UNAM must reimburse the student the amount paid without affecting their graduation process.
Justice Lenia Batres Guadarrama, who described the ruling as “historic,” stated that this step transforms free higher education into a “real right,” not just a constitutional promise. Batres Guadarrama argued that the National Autonomous University of Mexico (UNAM) has sufficient public resources to absorb these costs, citing that the institution received more than 58 billion pesos for the 2025 fiscal year.
For her part, Justice Yasmín Esquivel Mossa noted that, although the implementation of free tuition is gradual, more than six years have passed since the 2019 constitutional reform, enough time for institutions to eliminate economic barriers that affect students.
Despite the majority, the ruling included dissenting votes from Justices Giovanni Figueroa and Estela Ríos, who argued that free tuition should be limited to 100 percent of course credits and that free external alternatives exist.
UNAM had previously argued that the 2019 reform depended on budget availability. However, the Court’s final ruling emphasizes that any measure constituting a structural element of the curriculum must be completely free to guarantee equity and social inclusion.
Source: diariodemexico
