France’s highest constitutional authority on Friday upheld in its entirety legislation granting adults suffering from an incurable condition the right to assisted dying, while ruling that some provisions required clarification.
The approval by the Constitutional Council will see France join the Netherlands, Belgium, Switzerland, and Canada, which have already legalized the practice.
The legislation, passed by the French parliament in July after years of debate, establishes a right to assisted dying for some adults suffering from an incurable condition.
The ruling is a victory for President Emmanuel Macron, who promised such a law when he was re-elected for a second term in 2022.
To be eligible for assisted dying, a patient must be of legal age, a French national, or a long-term resident. They must suffer from pain that is either unresponsive to treatment or, in the patient’s view, unbearable if they have chosen not to receive or to stop receiving treatment.
A physician is responsible for verifying the patient’s eligibility before a panel assesses whether the criteria have been met.
The doctor ultimately makes the decision alone, and the patient may withdraw consent at any time.
The patient will administer a lethal substance themselves, with exceptions for those who are physically unable to do so and can be helped by a healthcare worker.
While the council upheld the law, it found that certain provisions needed clarification, including the so-called conscience clause, which allows healthcare professionals to refuse to take part in the procedure.
The clause must also apply to private healthcare facilities where assisted dying is “manifestly contrary” to their mission, provided they are not the only establishments able to meet “local needs”, the constitutional authority said.
