The French Constitutional Council recently upheld legislation passed by the French parliament in mid-July, that grants adults suffering from an incurable condition the right to assisted dying.
According to the controversial law, the patient must be 18 years old; a French national or a long-term resident; suffer from a pain that is either unresponsive to treatment or unbearable; and be able of expressing an informed choice right up to the very end of his or her life.
A medical doctor is responsible for verifying the patient’s ability to choose to put an end to life, but afterwards a panel will assess whether the criteria have been met.
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Once the assisted dying is approved, the patients must wait at least two days before the procedure can take place, and confirm their decision on the same day.
The patients would then administer a lethal substance themselves, with exceptions for those who are physically unable to do so – they would be helped by a healthcare worker.
The Prime Minister, Sébastien Lecornu, the Senate President Gérard Larcher and groups of lawmakers from the right, centre and far right had asked the Constitunial Council to review the assisted dying law.
France’s highest constitutional authority stated that “no provision of the law contravened the Constitution”.
President Emmanuel Macron, welcomed the Constitunial Council decision “which brings an exemplary democratic debate to a close”.
But the Council identified three “interpretative reservations”, which do not require the law to be rewritten, but call for greater clarity in its practical application.
The first reservation states that private and faith-based healthcare institutions may refuse to allow assisted dying on their premises, “when such a procedure is clearly contrary to the institution’s statutory mission or purpose” and only if a local alternative exists.
The second grants healthcare workers and pharmacists a conscience clause that allows them to opt out of the process or the preparation of the lethal substance.
The final reservation concerns patients under guardianship or trusteeship. If one of them requests assistance in dying, the doctor will have to “take into account” the opinion of their guardian.
The European Centre for Law and Justice (ECLJ) has welcomed the French Constitutional Council ruling, reported the news website, Christian Daily International.
The ECLJ Director, Grégor Puppinck defined it as “a great victory within the grim context surrounding the adoption of this unjust law”.
He thanked God because “there will continue to be sanctuaries in France where vulnerable people will not be in mortal danger”.
However, he lamented that the council endorsed the short 48-hour window to confirm a person’s wish to die and “the serious risks of abuse created by this law”.
The ECLJ is preparing “to challenge the implementing decrees that will be adopted by the government”, as well as “to counsel families who will be faced with a decision regarding the euthanasia of a loved one”.
“We will continue this fight in other countries that have already legalized euthanasia, in order to guarantee the freedom of faith-based institutions there as well”, concluded Puppinck.
Published in: Evangelical Focus – europe
– Health workers and pharmacies in France may opt out of the assisted dying process