France's top court validates assisted dying law with reservations

France's Constitutional Council has validated the law that creates a right to assisted dying, a landmark societal reform under President Emmanuel Macron. The council, however, issued three interpretative reservations that will shape the law's practical application.

One reservation clarifies that private healthcare facilities can refuse to perform assisted dying if it conflicts with their statutory mission or project, provided they are not the sole providers of local care. This addresses concerns about religious or ethical objections within institutions.

Individually, the council ruled that the conscience clause, allowing healthcare professionals to refuse participation, extends beyond those directly involved in the lethal act. Pharmacists who object to preparing the lethal medication are also covered by this clause. Additionally, for patients under legal guardianship or curatorship, doctors must consider the observations of the appointed guardian when evaluating a request for assisted dying, even though the law requires consulting the guardian.

Despite these reservations, the council did not require the law to be rewritten. The legislation, which legalizes assisted suicide and euthanasia under specific conditions, was adopted by parliament after years of public and legislative debate. The decision by the council, which reviewed five challenges to the law, clears a crucial hurdle for its implementation. The government, led by Prime Minister Sébastien Lecornu, had specifically sought clarification on the conscience clause and provisions for adults under guardianship.