Opposition to university fees is often framed as a defence of higher education as a "right" rather than a "privilege". However, the basis and nature of this right is unclear. This article presents a conceptual exploration of the question, drawing on an initial analysis of international law. An argument is put forward for a right to higher education seen as one of a number of possible forms of post-school education, restricted only by a requirement for a minimum level of academic preparation. (Contains 3 notes.)