France: National Assembly adopts assisted dying bill in first reading

This marks a pivotal moment in the history of patients’ rights in France. After two weeks of intense debate, members of parliament adopted two foundational texts. The first, passed unanimously, establishes an enforceable right to palliative care. The second, introduced by MP Olivier Falorni, creates a legal right to assisted dying for people suffering from serious and incurable illnesses, under strictly regulated conditions.

Access to this new right will be tightly regulated. The law sets specific eligibility criteria: the applicant must be an adult, a French citizen or a stable resident, suffering from an incurable illness in an advanced or terminal stage, with physical or psychological pain deemed unbearable.

Applicants must also be capable of clearly and freely expressing their will. Psychological suffering alone is not sufficient. Patient discernment is central to the process.

Doctors will play a key role. Once a request is submitted, a collegial consultation must be held, involving at least one specialist in the relevant illness and a healthcare professional.

Relatives or the patient’s designated trusted person may be consulted, but the final decision rests solely with the prescribing physician.

A rigorous and reversible process

The law mandates a 15-day period for medical notification, followed by a two-day reflection period. The patient can withdraw or confirm their request at any time. If confirmation occurs more than three months later, the “free and informed” nature of the decision must be re-evaluated.