This work is part of an ongoing research project on the right to education and justice in Latin America. In the case of Mexico, the State has the obligation to guarantee basic and upper secondary education. The latter is considered a right to be achieved gradually and increasingly for the school year 2021-2022. To date, progress is very precarious and slow and faces enormous challenges in the field of educational policy. From the perspective of Tomasevski’s (2004) model of the "4 As", the situation of higher education in Mexico is analyzed and it is identified that availability is the dimension that faces major challenges since there is still a deficit in coverage and equitable distribution. Likewise, the analysis of accessibility, acceptability and adaptability invites to a deeper reflection on the orientations and objectives of the current educational policy. It is concluded that upper secondary education is still an unattainable right, which makes possible the emergence of subjects of rights who express agency capability for its enforceability. In addition, citizenship is required to accompany the defense of human rights, including right to education. As Latapí (2009) highlights, the right to education is considered a key right since it opens the possibility of demanding other rights.

Right to education, Access to education, Educational policy, Educational reform, Human rights.