FRANCE 
Change of government slows progress –
DIGNITAS continues to focus on the ECtHR

French President Emmanuel Macron has placed an opponent of assisted dying at the head of a newly created “super ministry” which also includes the ministry of health. This could further slow the already sluggish progress towards an assisted dying law. In the meantime, DIGNITAS has submitted a written opinion to the ECtHR in the case “A. and others v. FRANCE”.

In France, the hot potato “assisted dying law” continues to be tossed around. Leading organisations in the palliative and health care sector have been blocking talks. In particular, they oppose the planned regulation of palliative care and assisted dying in the same law. Behind these formal demands are probably fears of jeopardising the self-image of large sections of these organisations, who do not want to take on any role whatsoever in assisted dying. Remarkably, the views, rights, and needs of the individuals concerned are seldom part of the current discussions. The practical aspects and options for safe procedures in various existing models for a self-determined end of life are also rarely discussed.

Change of government causes further delay

The French government crisis triggered by the adoption of the controversial migration law and the subsequent reorganisation of the government at the beginning of this year do not bode well. Emmanuel Macron has appointed Catherine Vautrin, an assisted dying opponent, to head a new super ministry which includes all social areas and therefore also health and the “fin de vie” dossier; the new health minister, Frédéric Valletoux, is also considered conservative.

Agnès Firmin Le Bodo, who was previously responsible for drawing up the base for an end-of life law (“projet de loi sur la fin de vie”) as a delegated minister in the Ministry of Health, is no longer part of the government. The presentation of the proposal to the government, which was drawn up under her leadership in 2023, has already been postponed several times. The law proposal will not only provide options for self-determined assistance in dying, but also contain provisions to improve the implementation of existing laws in the areas of palliative care and living wills (advance decisions).

The changes in responsibilities and the hardening positions may well cause further delays. A law proposal of any kind is also likely to have a difficult time later in parliament, where it will either fail from the outset due to resistance from conservative circles, or it will be so narrowly formulated that only few persons will be able to exercise their right to freedom of choice regarding their own end of life.

First statement in the ongoing proceedings at the ECtHR against France

The proceedings at the European Court of Human Rights (ECtHR) in Strasbourg, coordinated by DIGNITAS, are continuing. In the case “A. and others v. FRANCE”, the ECtHR decided on 4 September 2023 to communicate to the French government the applications by 31 persons residing in France submitted on 28 April 2023[1]. The fact that the ECtHR decided to take on proceedings and that the French state must take a position on the matter is an important stage victory and a signal from Strasbourg that the applicants’ argument, which is that France is currently unjustly depriving its citizens of the (human) right to a self-determined end of life, is worth examining.

After a deadline extension granted by the ECtHR, France was asked to submit by mid-February 2024 its response to the violations of the current French legislation against the European Convention on Human Rights (ECHR) raised by the 31 applicants. In the case “A. and others v. FRANCE”, the applicants, invoking Articles 2, 3, 8 and 9 of the European Convention on Human Rights, claim a violation of their right to life, their right not to be subjected to inhuman or degrading treatment, their right to personal autonomy and their right to freedom of thought and conscience, this resulting from the absence in French law of appropriate and sufficient guarantees concerning the right of each person to end their own life at a time of their choosing, consciously, freely and with dignity.

Also in February 2024, DIGNITAS submitted a comprehensive statement to the ECtHR as a so-called “Amicus Curiae”. This is an instrument that can be used by legally and expertly qualified organisations to bring in their knowledge on the subject considered by the court, aimed at assisting the court in its decision-making process.

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[1] http://www.dignitas.ch/images/stories/pdf/medienmitteilung-25092023-e.pdf

Newsletter 2024-1-1-e