Law on assisted dying wins constitutional approval in France
The court upheld the legislation adopted by parliament in July, while issuing three conditions on how parts of the law must be interpreted, including the rights of private healthcare institutions, pharmacists and adults under legal guardianship.
The decision paves the way for President Emmanuel Macron to promulgate one of the most closely watched social reforms of his second term.
It follows years of public and parliamentary debate and several legal challenges filed after lawmakers gave final approval to the bill on 15 July.
The Constitutional Council was asked to review the legislation by Prime Minister Sébastien Lecornu, Senate President Gérard Larcher and groups of lawmakers from the right, centre and far right.
"The decision ... completes an exemplary democratic debate," Macron's office said in a statement.
"It provides an essential guarantee for our fellow citizens. It is now possible to move towards implementing this reform with the certainty that it rests on fully established democratic, ethical and constitutional foundations."
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Three conditions
The challenges focused mainly on two issues: a minimum two-day reflection period before a patient can confirm a request for assisted dying, which critics argued was too short, and whether entire healthcare institutions should be able to refuse participation on grounds of conscience.
The Constitutional Council rejected requests to strike down any part of the law, but attached three interpretative conditions to its ruling.
The first concerns adults placed under legal protection, such as guardianship. The court said doctors assessing requests for assisted dying must take into account observations from the person's legal guardian before making a decision.
The second extends the conscience clause beyond doctors and nurses. Pharmacists will also be allowed to refuse to prepare or provide the lethal substance if participation conflicts with their personal convictions.
The third condition addresses demands from some private and faith-based healthcare institutions.
The court ruled that a private health or care institution may refuse to allow assisted dying on its premises "when such a procedure is manifestly contrary to the institution's statutory mission or purpose".
That refusal is permitted only if other establishments are available locally to meet patients' needs.
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Path to enactment
By limiting itself to those conditions, the Constitutional Council did not require lawmakers to rewrite any part of the legislation.
"The phase now opening will be decisive," Lecornu said in a statement.
"The implementing texts that follow must fully reflect the intention of the nation's representatives and the balance resulting from the constitutional judge's decision."
Under the law, assisted dying will be available to adults who are French citizens or long-term residents, suffer from a serious and incurable illness, experience unbearable suffering and remain capable of expressing a free and informed choice until the end.
Once medical approval has been granted, patients must wait at least two days before the procedure can take place and must confirm their decision again on the day itself.
The lethal substance must normally be self-administered, although a healthcare professional may carry out the act if the patient is physically unable to do so.