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Macron announces plans for 'right to die' bill by summer 2023

The Local France
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Macron announces plans for 'right to die' bill by summer 2023
Frenchman Alain Cocq in 2021. Cocq suffers from an incurable orphan disease, wrote to President Macron asking for the right to die in 2020. (Photo by JEFF PACHOUD / AFP)

France's President Emmanuel Macron has announced that a bill on the 'right to die' will be tabled 'by the end of the summer' after the citizen's council came out in favour of changing existing laws to bring them more into line with neighbours like Belgium.

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French President Emmanuel Macron announced on Monday that he hoped a bill on the subject of the 'right to die' would be tabled by the end of the summer. 

Despite the fact that a majority of the members of the Citizens Council on the topic voted in favour of creating an 'active assistance for dying", the president did not express his own view and did not reference which recommendations from the Citizen's Council would be taken up in the bill.

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Macron said that he hoped to set up a ten year national plan to "strengthen access to palliative care and pain management" accompanied by "necessary investments to ensure effective and universal access to end-of-life care", according to Ouest France.

Macron made the announcement after receiving the Citizens' Council report. The Citizen's Council was launched in December, and it was made up of group of 184 members - who were chosen at random to discuss the topics of assisted suicide and euthanasia. After spending weeks discussing and debating the subjects, a majority (76 percent) voted that an "active assistance in dying" should be made available in France.

The group made two primary conclusions, which were covered in the report: there is an "urgent need to reinforce existing palliative care options" and terminally ill patients should have a right to die, albeit one that is strictly supervised. Respondents, however, differed in opinion on offering legalised physician assisted suicide versus euthanasia.

The president said that he hoped to use the Citizens' Council instrument "for other subjects in the coming weeks", namely issues related to Economic, Social and Environmental issues.

READ MORE: EXPLAINED: What are France’s ‘citizen councils’?

The Report

Over two thirds of respondents voted "yes" when asked whether active assistance in dying should be made available in France. When asked "Which form(s) of active assistance in dying do you think is/are more appropriate?" respondents differed in their opinions. Overall, some combination of assisted suicide and euthanasia was supported by more than two thirds of the members of the Convention (68 percent).

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10 percent said they supported only assisted suicide, while three percent said they only supported euthanasia. 28 percent said they supported assisted suicide as the norm and euthanasia as the exception, and 40 percent said they supported assisted suicide as the norm and euthanasia as an option.

These terms carry different meanings and should not be confused - euthanasia is defined as a doctor being allowed by law to end a person’s life by a painless means, as long as the person and their family agree. Assisted suicide, in contrast, is defined as a  doctor assisting an individual in taking their own life if the person requests it.

The 184 members of the citizen's convention wrote up with their proposals for the French government on the topic. The council's report was made available in early April. You can find it (in French) HERE.

Even though the recommendations have been made, the French government is not obligated to put them into practice. As such, the law proposed by the president may not include all elements in the report.

The council was launched in December, after having first been announced by President Emmanuel Macron in September following a meeting with actress and prominent right-to-die campaigner Line Renaud. The goal was to look into and debate key questions surrounding the possibility of changing legislation in France.

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Earlier in autumn 2022, France's national Ethics Committee for Health and Life Sciences - which considers complex ethical questions - delivered a favourable opinion on the right to die. Recent polling by the news site 20-minutes also showed that among young people (those aged 18-30), 83 percent reported being favourable to legalised assisted suicide.

The situation in France

France lags behind some of its European neighbours on the 'right to die,' and the topic has been the subject of much controversy, namely in 2019, when a top French court ordered that a paralysed patient in a vegetative state for over a decade should be allowed to die.

In 2020, a terminally ill man, Alain Cocq, wrote to French President Emmanuel Macron, asking for the right to take a drug that would allow him to die peacefully. In response, Macron told Cocq that such a request is "not currently permitted in our country." 

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The issue gained momentum again when the National Ethics Committee for Health and Life Sciences delivered its opinion on the right to die in September.

The members judged that it is possible to create an "active assistance for death" if it is strictly supervised. 

The CCNE exists as a French consultative body, intended to "give opinions on ethical problems and social issues" that are related to advancements in fields of biology, medicine and health. They have considered several topics, such as experimentation on humans, embryo research and consent in relation to genetic information.

After over a year of considering the legalisation of euthanasia in France, the body delivered its final judgment that "there exists a pathway to an ethical application of active assistance in dying."

The opinion came shortly after French President Emmanuel Macron announced plans to launch a citizen's council on the right to die, ahead of proposing new legislation in 2023. 

The president said he hoped that the citizens’ convention would come up with a “text” which could go to parliament for amendment and maybe to a referendum by the end of next year.

READ MORE: OPINION: A French referendum on the right to die would be a disaster

What does French law say about the issue?

As of April 2022, French law prohibited active euthanasia and assisted suicide, as per the 2016 Claeys-Leonetti law. 

As referenced above, the terms carry different meanings and should not be confused - euthanasia is defined as a doctor being allowed by law to end a person’s life by a painless means, as long as the person and their family agree. Assisted suicide, in contrast, is defined as a  doctor assisting an individual in taking their own life if the person requests it.

There is also passive and active euthanasia, though often when legalisation of euthanasia is discussed, it is the latter being considered. Many countries across the world allow for 'passive' euthanasia, which is when "medical professionals either don't do something necessary to keep the patient alive, or when they stop doing something that is keeping the patient alive." 

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Conversely, 'active euthanasia' is when a doctor or other party does something that causes the patient to die. 

In France, patients are legally allowed to refuse or cease treatment. If they cannot express their own wishes, then the decision can be taken by a team of several doctors.

Terminally ill patients also have the right to "deep and continuous sedation." This entails stopping current treatment, sedating the patient, and providing them with painkillers and palliative care.

Patients also have the right to leave "advance directives" - or instructions for the event where they are no longer able to express themselves. The form is signed and dated, and should be binding on doctors. It allows the patient to dictate end of life care in regard to continuing, limiting, or refusing medical treatment. France's Conseil d'Etat reaffirmed this part of the law in 2018, which the CCNE agreed with. However, both emphasised the need to increase access to palliative care. 

President Emmanuel Macron has stated that he is in "favour of moving towards the Belgian model" but his "personal opinion on the topic does not matter," newspaper SudOuest reported.

Belgium, legalised active euthanasia in 2002, while several of France's other neighbours including the Netherlands and Switzerland allow assisted suicide.

Key French terms you should know on the 'right to die'

  • Une aide active à mourir - Active assistance in dying
  • Droit a mourir - Right to die
  • Sédation profonde - Deep and continuous sedation
  • Suicide assisté - Assisted suicide
  • Soins palliatifs - Palliative care

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