New assisted dying law takes effect in France

In France, a law establishing the right to assisted dying for some seriously ill adults has come into force. President Emmanuel Macron promulgated the document after its review by the Constitutional Council, and the law was published in the official journal on August 19.

Parliament finally approved the reform on July 15: 291 deputies voted for it, 241 against, and 29 abstained. After that, the law was sent to the Constitutional Council because its provisions were challenged by the Prime Minister, the President of the Senate, and groups of parliamentarians.

Access to the new procedure will be granted to people who simultaneously meet several requirements. They must be over 18 years old, have French citizenship or reside legally and permanently in France, and suffer from a serious incurable disease that is life-threatening and in an advanced or terminal stage. In addition, the person must be experiencing suffering related to the disease that cannot be alleviated and be able to freely and consciously express their decision. Psychological suffering alone is not sufficient to access the procedure.

How the decision will be made

A request must be submitted to a doctor. The doctor must verify compliance with the established criteria through a collegial procedure involving other medical specialists. The decision on the application must be communicated to the patient within 15 days. After approval, a reflection period of at least two days is provided.

The person may withdraw their decision at any stage. Immediately before the procedure, the healthcare professional must also ensure that the patient's wish has not changed and that no pressure is being exerted on them.

As a general rule, the patient self-administers the prescribed substance. If the physical condition does not allow self-administration, the participation of a doctor or nurse is permitted in accordance with the procedure prescribed by law. The procedure may be carried out at home, in a medical facility, or in another structure provided for by law.

Doctors allowed to refuse participation

The law includes a specific provision on freedom of conscience. Healthcare professionals are not obliged to participate in the procedure, but if they refuse, they must promptly inform the patient and provide information about specialists willing to handle such a request.

The Constitutional Council did not block the reform, but it formulated additional requirements for the application of certain norms, including those related to the protection of vulnerable patients and the right to refuse participation in the procedure. After the Council's decision, there were no obstacles to the promulgation of the law.

However, the publication of the law does not mean that the entire system can become fully operational immediately. Certain stages of the procedure require additional regulations establishing the procedure for reviewing applications, the work of medical specialists, and other mechanisms for implementing the law. 

“Курс Украины” previously wrote that on July 15 the National Assembly finally supported the reform, but at that time the document was still awaiting review by the Constitutional Council and had not entered into force.

Based on materials from: French National Assembly, Government of France, The Guardian