The Role of Judicial Powers in Guaranteeing the Right to Education: A Systematic Study of Litigation in Mexico

Abstract This article aims to analyse the role of Mexican District Courts in cases related to the education sector and, specifically, the stance courts take on guaranteeing the right to education. The study is conducted through thematic and frequency analysis of judgments available from indirect amparo trials in administrative and labour matters across the 32 judicial circuits in Mexico during 2019, 2020 and the first semester of 2021. This study arises from the need to understand, from the perspective of judicialisation, the impact that the Mexican education sector has faced in the context of approved structural reforms in recent years, the problems of quality and equality experienced, and any exacerbations provoked by the covid -19 pandemic. The article’s discussion centres on certain paradigmatic and particularly relevant cases for the protection of children’s right to education in Mexico, including the examination of both the claims presented by the claimants and the arguments developed by the adjudicating institutions.