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France’s Constitutional Council has upheld legislation granting adults with incurable conditions the right to assisted dying, allowing the country to move closer to joining a small group of nations where the practice is legally permitted.
The council, France’s highest constitutional authority, approved the law in full on Friday but ruled that some provisions require further clarification before implementation.
The legislation, which was passed by the French parliament in July after years of public and political debate, gives eligible patients the option of receiving assistance to end their lives under strict conditions. The move represents a major political victory for President Emmanuel Macron, who promised to introduce assisted dying legislation after winning a second presidential term in 2022.
Under the law, applicants must be adults who are French citizens or long-term residents. They must also have an incurable medical condition causing pain that cannot be controlled through treatment, or suffering they consider unbearable if they have decided not to receive or continue treatment.
A doctor will first assess whether a patient meets the requirements before a panel reviews the case. The physician makes the final decision, and patients can withdraw their request at any stage.
The law states that patients will generally administer the lethal substance themselves. However, a healthcare worker may assist when a patient is physically unable to do so.
France will now move closer to countries including the Netherlands, Belgium, Switzerland and Canada, where assisted dying has already been legalised.
However, the Constitutional Council has requested clarification on certain sections of the law, including the conscience clause that allows healthcare professionals to refuse involvement in assisted dying procedures.
The council said the clause must also cover private healthcare facilities where the practice is “manifestly contrary” to their mission, except where those facilities are the only ones available to meet local healthcare needs.
The ruling clears a major legal hurdle for the assisted dying law as France prepares to establish one of the most debated healthcare policies in recent years.
