France poised to finalise assisted dying legislation amid constitutional review

France is set to move closer to legalising assisted dying following a final vote in the National Assembly on Wednesday, a milestone for President Emmanuel Macron’s social reform agenda. The legislation, which grants adults with incurable conditions and unbearable physical pain the right to end their lives, passed the lower house but was rejected by the Senate. Under constitutional provisions allowing the lower house to have the final say, the government has proceeded with the vote despite the upper chamber’s opposition.

The bill’s author, Olivier Falorni, described the legislative journey as a marathon with hurdles, noting the vote represents the culmination of 14 years of parliamentary battles. While the National Assembly approved the measure, the Senate’s rejection prompted Prime Minister Sebastien Lecornu to refer the text to the Constitutional Council for review. Lecornu’s office stated the council was invoked because the lack of debate in the right-wing dominated Senate meant the text fell short of addressing implementation concerns raised by opponents.

The law establishes strict eligibility criteria, reserving access for adults capable of expressing free and informed consent. Patients must suffer from an incurable condition with physical pain that is either unresponsive to treatment or deemed unbearable by the patient, who must have chosen not to receive or to stop receiving treatment. A physician verifies eligibility, followed by a panel assessment, before the doctor makes the final decision. The patient administers the lethal substance themselves, with exceptions for those physically unable to do so, and may withdraw consent at any time.

Political divisions remain stark over the measure. Agnes Firmin Le Bodo, a centre-right lawmaker who drafted the 2024 bill, argued the law is balanced and will be passed on those grounds. Conversely, far-right National Rally lawmaker Christophe Bentz warned the text remains dangerous and risks abuses. Traditional right-wing heavyweights, including Senate speaker Gerard Larcher and former interior minister Bruno Retailleau, have staunchly opposed the legislation, though their influence was bypassed in the final procedural steps.

If enacted, France will join the Netherlands, Belgium, Switzerland, and Canada in legalising assisted dying. The move fulfills a promise Macron made upon his re-election in 2022, marking one of the most significant social reforms since the legalisation of same-sex marriage in 2012. Religious groups and organisations campaigning against abortion and euthanasia are expected to protest near the National Assembly on the day of the vote, signalling that the debate may extend into the judicial arena following the Constitutional Council’s binding ruling.