Legislation granting incurably ill adults the right to assisted dying has been formally adopted in France, after the text was approved by the country's highest constitutional authority and published in the official journal. France becomes one of a small group of countries, alongside the Netherlands, Belgium, Switzerland and Canada, to have legalised the practice. The law refers to "end of life" or "aid in dying" rather than "assisted dying" or "euthanasia."
Who qualifies under the law
The law establishes a right to assisted dying for adults who are French nationals or long-term residents and who are suffering from conditions assessed as incurable and causing unbearable pain. A doctor must first verify the patient's eligibility, after which a panel assesses whether the criteria have been met.
How the procedure works
Once approval has been granted, patients must wait at least two days before the procedure can take place, and must confirm their decision on the day itself. The patient may withdraw consent at any time. They must administer the lethal substance themselves unless physically unable to do so, in which case a healthcare worker may assist.
What changes from current practice
Until now, France has permitted passive euthanasia, such as the withholding of artificial life support, and deep sedationbefore death. People seeking active end-of-life options had previously been forced to travel to other countries where assisted dying is legal.
Political reaction
President Emmanuel Macron, who promised a right-to-die law during his 2022 re-election campaign, welcomed the adoption of the law. His office said it "concludes an exemplary democratic debate" and provides an important guarantee for citizens, adding that it could now be implemented on secure democratic, ethical and constitutional grounds. The centrist MP who authored the text described it as a significant step forward.
Opposition and concerns
The Jérôme Lejeune Foundation, which provides lifetime care to people with genetic intellectual disabilities such as Down's syndrome, said it was outraged by the law. Other campaigners argued it posed a serious danger to the most vulnerable. Parliamentarians were given a free vote on the legislation, reflecting the sensitivity of the issue in a country with a longstanding Catholic tradition. The bill was also opposed by some health workers.
Legal challenges and constitutional review
Publication of the law followed several legal challenges. Critics argued that the minimum two-day reflection period was too short and that entire healthcare institutions should be permitted to refuse participation on grounds of conscience.
France's constitutional council upheld the law in full last Friday, while ruling that certain provisions required clarification, including the so-called conscience clause, which allows healthcare professionals to decline to take part in the procedure. The council did not strike down any part of the law, but ruled that doctors must take patients' legal guardians into account when assessing requests, and that pharmacists, as well as doctors and nurses, may also exercise the conscience clause. It further ruled that the clause must apply to private, typically faith-based healthcare facilities where assisted dying is "manifestly contrary" to their mission, provided they are not the only facilities able to meet local needs.
Source: The Guardian
