Assisted dying: the Constitutional Council approves the law with three reservations

The Constitutional Council on Friday, August 14, upheld the law creating a right to assisted dying in France. The text authorizes, under strict conditions, the administration of a lethal substance by the patient themselves or, when they are physically incapable of doing so, by a healthcare professional. The Council rejected all the challenges raised against the reform, while issuing three interpretative reservations intended to regulate its application.

To access this service, the patient must be of legal age, a French citizen or a resident of France, suffering from a serious and incurable illness in an advanced or terminal stage, and experiencing unbearable physical suffering. They must also be capable of expressing their free and informed wishes until the very end. After medical approval, a minimum waiting period of two days must be observed, and then the patient must confirm their decision on the day of the procedure.

The conscience clause extended to pharmacists

Two reservations concern the conscience clause. A private institution may refuse to provide assisted dying when it is clearly contrary to its statutory missions or its mission, provided that it is not the only institution capable of meeting local needs. The individual protection afforded to healthcare professionals will also be extended to pharmacists who refuse to prepare the lethal product.

The third reservation concerns individuals under guardianship or curatorship. The doctor reviewing their application must take into account the observations of the legal representative, without the latter making the decision on behalf of the patient. Emmanuel Macron welcomed a decision that "concludes an exemplary democratic debate." The President's office believes that France can now prepare for the implementation of the reform, which will still require the publication of its implementing regulations.