France’s “aid in dying” law formally comes into effect after a legal challenge failed and the country’s highest constitutional authority gave its approval. The legislation, published in the official journal on Wednesday, grants incurably ill adults the right to assisted dying. It marks a significant shift for France, which previously only allowed passive euthanasia or deep sedation before death.
The new rules apply to patients of legal age who are French nationals or long-term residents and suffering from incurable conditions causing unbearable pain. The process requires approval from a doctor, followed by a panel assessment to verify eligibility. Once the request is approved, patients must wait at least two days before the procedure can take place and confirm their decision on the day.
Related: Judge Dennis Davis Leaves Lasting Legal Legacy
Patients may withdraw consent at any time. They must administer the lethal substance themselves unless they are physically unable to do so, in which case a healthcare worker can help. This creates a strict requirement for patient agency, shifting the physical act of ending life from the medical professional to the patient or their designated proxy.
Constitutional Council ruling and conscience clause
The constitutional council upheld the law last Friday but ruled that certain provisions needed clarification. A major point of contention was the “conscience clause,” which allows healthcare professionals to refuse to take part in the procedure. The council clarified that this clause must apply to pharmacists as well as doctors and nurses, and to private, typically faith-based healthcare facilities where assisted dying is “manifestly contrary” to their mission.
While the council refused to strike down any part of the law, it mandated that doctors take into account patients’ legal guardians when assessing requests. The ruling ensures that healthcare institutions can refuse to provide the service if it conflicts with their beliefs, provided they are not the only establishments able to meet local needs. Critics had argued the two-day reflection period was too short and that entire institutions should have the right to refuse on moral grounds.
Related: Iran correspondent on memory as defiance
France joins a small group of countries, including the Netherlands, Belgium, Switzerland, and Canada, to have legalized this practice. It has been a subject of intense debate for years, with all parliamentarians given a free vote to express their personal convictions during the process. The law’s author, a centrist MP, described it as “a major step forward,” while President Emmanuel Macron, who promised the right-to-die law in his 2022 re-election campaign, called it “an exemplary democratic debate.”
However, the Jérôme Lejeune Foundation, which provides lifetime care to people with genetic intellectual disabilities such as Down’s syndrome, expressed “outrage” over the decision. Other campaigners said the law posed “an absolute danger to the most vulnerable.” The President’s office stated the law provides “an essential guarantee for our fellow citizens” and can now be implemented with the certainty that it rests on established democratic, ethical, and constitutional foundations.
