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How does France's proposed assisted dying law compare to others in Europe?

The Local France/AFP
The Local France/AFP - [email protected]
How does France's proposed assisted dying law compare to others in Europe?
Photo by Charly TRIBALLEAU / AFP

France could be the next European country to legalise euthanasia for the terminally ill after President Emmanuel Macron announced that a bill will be presented to parliament in May. But how does France compare to the rest of Europe?

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The French president announced via two newspaper interviews that a bill on assisted dying will be presented to parliament in May.

It follows a lengthy consultation via a citizens' council of 184 French citizens, who came up with a series of measures to legalise "active assistance to dying".

The government will now present a detailed bill to parliament in May.

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Until now French patients in pain wishing to end their lives have had to travel abroad, including to neighbouring Belgium.

French proposals

The precise detail will be in the bill, but in interviews given to two newspapers - the Catholic La Croix and the euthanasia-supporting Libération - Macron gave an outline of the proposed new law.

He said that if medical professionals gave their consent, a lethal substance would be prescribed for the patient, who could administer it themselves or with the help of a third party if they could not physically do so.

The third party can be a volunteer, the doctor or the nurse treating the patient while the substance can be administered at the patient's home, in care homes for the elderly or care centres.

Medical experts would have 15 days to respond to a request for help to die and an approval would be valid for three months, during which time the patient could retract, Macron said. If medical professionals rejected the request, the patient could consult another medical team or appeal.

He added that minors and patients suffering psychiatric or neurodegenerative conditions such as Alzheimer's would not be eligible.

So how does this compare to other countries around Europe?

Fully legal

The Netherlands legalised active and direct euthanasia in 2002. Lethal doses of drugs are authorised if patients make the request while lucid.

They must also be experiencing unbearable suffering from a condition diagnosed as incurable by at least two doctors.

In 2020 the country's highest court ruled that doctors will be able to conduct assisted suicides on patients with severe dementia without fear of prosecution, even if the patient no longer expressed an explicit death wish.

The Netherlands also moved towards making euthanasia legal for terminally-ill children aged between one and 12.

Belgium lifted restrictions on euthanasia in 2002 for patients facing constant, unbearable and untreatable physical or psychological suffering.

They must be aged 18 or over and request termination of life in a voluntary, reasoned and repeated manner, free from coercion.

In 2014 Belgium became the first country to authorise children to request euthanasia if they suffer a terminal disease and understand the consequences of the act.

In Luxembourg a text legalising euthanasia in certain terminal cases was approved in 2009. It excludes minors.

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Swiss exception

Switzerland is one of the rare countries that allows assisted suicide with patients administering a lethal dose of medication themselves.

It does not allow active, direct euthanasia by a third party but tolerates the provision of substances to relieve suffering, even if death is a possible consequence.

Spain and Portugal

In 2021, Spain's parliament voted through a law allowing euthanasia under strict conditions so terminally-ill or gravely-injured patients could end their own suffering.

The same year, Portugal's top court rejected a law decriminalising euthanasia that had been approved by parliament in January.

The bill, which would have legalised access to assisted suicide for adult patients in a situation of "extreme suffering and irreversible damage", was sent back to parliament for amendments.

Italian compromise

Italy's Constitutional Court ruled in 2019 it was not always a crime to help someone in "intolerable suffering" commit suicide. Parliament is set to debate a change in the law banning the practice.

The halting of medical procedures that maintain life, called passive euthanasia, is also tolerated. Plans for a referendum on the subject in 2022 were blocked.

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'Right to die'

Under current French law, euthanasia and assisted suicide remain illegal. A 2005 law legalised passive euthanasia as a "right to die". A 2016 law allows doctors to couple this with "deep and continuous sedation" for terminally ill patients.

Sweden authorised passive euthanasia in 2010 and Ireland also recognises the "right to die".

Britain has allowed medical personnel to halt life-preserving treatment in certain cases since 2002. Prosecution of those who have helped a close relative die, after clearly expressing the desire to end their lives, has receded since 2010.

In Austria and Germany passive euthanasia is permitted if requested by the patient.

Austria's constitutional court ruled in October the country was violating fundamental rights in ruling assisted suicide illegal and ordered the government to lift the ban in 2021.

Refusing treatment

Denmark has allowed people to file written refusal of excessive treatment in dire situations since 1992, with the document held in a centralised register.

In Norway passive euthanasia is permitted if requested by the patient or by a relative, if the patient is unconscious.

In Hungary people with incurable diseases can refuse treatment.

It is also legal to end treatment of terminally ill people in Lithuania and Latvia.

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