France assisted-dying law upheld by top council

France's Constitutional Council on Friday upheld assisted-dying legislation that gives some adults with incurable conditions the right to assisted dying, while saying some provisions need clarification.

The ruling by France's highest constitutional authority clears the way for France to join countries including the Netherlands, Belgium, Switzerland and Canada in legalising the practice.

The legislation was passed by parliament in July after years of debate. It 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, a patient must be of legal age and be a French national or long-term resident. The patient must have pain that does not respond to treatment, or pain the patient considers unbearable if they have chosen not to receive or to stop treatment.

A physician is responsible for checking eligibility before a panel assesses whether the legal criteria have been met. The doctor makes the final decision, and the patient can withdraw consent at any time.

The law provides for the patient to administer a lethal substance themselves. Patients who are physically unable to do so may be helped by a healthcare worker.

The council upheld the law in full but said some provisions needed clarification, including the conscience clause allowing healthcare professionals to refuse to take part. It said the clause must also apply to private healthcare facilities where assisted dying is “manifestly contrary” to their mission, as long as they are not the only establishments able to meet local needs.