FRANCE 
The President and assisted dying:
foot-dragging instead of respecting rights

On 13 September 2022, French President Emmanuel Macron announced the creation of a “Convention citoyenne” on end-of-life issues. He is thus fulfilling an election promise, but whether, when and how people living in France will one day be able to exercise their right to a self-determined end of life in their own country safely and legally remains completely open.

The Convention citoyenne: a fig leaf?

On 13 September 2022, French President Emmanuel Macron announced the creation of a “Convention citoyenne” on end-of-life issues. A lay body of 150 citizens drawn according to certain socio-demographic criteria is to deal comprehensively with end-of-life issues from December 2022 to March 2023. In particular, it is to examine the question of whether and to what extent the existing options for end-of-life care are appropriate for individual situations and whether adjustments or changes are needed. The committee can then make corresponding (although non-binding) recommendations. Parallel to this, regional events and debates on the topic are to take place in order to achieve broader support for future solutions.

On the same day, a report by the “Comité consultatif national d’ éthique” (CCNE) was published, which recommends, among other things, the legalisation of assisted suicide within a strictly regulated framework. The report is rather critical of the model of voluntary euthanasia.

The encouraging report cannot hide the fact that the road may and probably will still be long. When announcing the Convention citoyenne, Macron had still held out the prospect of a law by the end of 2023. But politics is a volatile business, promises are often only valid at the moment they are made, and priorities may change depending on current events and favourable winds. Following this law, Macron, according to an article published in “Le Figaro”, is said to have distanced himself from this date already a short time later, on his return from his visit to the Pope, of all things, and to have referred in a vague statement to the importance of a deeper discussion, among other things. Honi soit qui mal y pense…

Facts instead of palaver

No one will deny that a deeper discussion of end-of-life issues is important; however, this has been taking place in France, as in the UK and Italy, for many years. Much is said, written, promised and argued – but nothing has happened. For a sensible, practicable law capable to gain a majority, there is no need for further moral, theological, philosophical, or otherwise ideological speeches and discussion rounds, nor is there any need for a fig leaf in the form of a “body of the people” whose opinion is sufficiently well known. What is needed above all is respect of the citizens’ end-of-life rights and a fact-oriented discussion of models in other countries and the experience gained from practice.

At least the representatives of the recently elected parliament seem to be aware of this; a delegation of several members of parliament, accompanied by various media representatives, travelled to Geneva in early October to find out on the spot about how assisted suicide works in Switzerland. Two representatives of DIGNITAS also had the opportunity to present the Swiss model of assisted suicide and answer questions.

Taking the legal route to clarify the situation

Experience shows that the political path alone does not always lead to the goal, despite all the (electoral) promises and legislative proposals. Therefore, as in other countries, DIGNITAS is also taking the legal route in France to demand the respect of the (human) right to a self-determined end of life. Two legal proceedings initiated by a lawyer in Paris on behalf of DIGNITAS are currently pending before France’s highest administrative court, the Conseil d’État. Both proceedings challenge the current ban on any form of assisted dying in France. Put simply, the first case is about the legality of the current complete ban on the medication sodium pentobarbital for use in human medicine. The second procedure deals with the question of whether it is lawful for the legislation currently in force in France, the so-called “Loi Claeys-Leonetti”, to set aside any type of assisted dying for a self-determined end of life.

In both cases, the Conseil d’État decided to refrain from submitting the constitutional questions raised to the Constitutional Court for assessment. Thus, it is now up to the Conseil d’État to deliberate and rule on the arguments and questions raised in both cases. The decisions can be expected within the coming weeks. Should both cases fail at the Conseil d’État, DIGNITAS will consider taking them to the European Court of Human Rights in Strasbourg. Whether French politics is faster than the judiciary remains to be seen.

Newsletter 2022-4-1-e