The law on assisted dying has now been published. However, it will not provide automatic access to anyone who wishes to end their suffering. The criteria are precise, and several often cited situations remain excluded from the system.
Entry into force is targeted for early 2027. It still depends on several decrees and recommendations from the High Authority for Health (HAS). These texts must in particular specify what an illness in “advanced phase” means and regulate the medical procedure.
A minimum age and a well-defined illness
First filter, impossible to circumvent: only adult patients will be able to submit a request. Minors, even if they are seriously ill and capable of expressing their wishes, are not affected by the law. The amendments which aimed to include them were rejected.
The applicant must also suffer from a serious and incurable illness with a life-threatening condition. The disease must be at an advanced stage, according to a definition which will be specified by the HAS. A disability alone will therefore not be enough. On the other hand, certain neurodegenerative or genetic diseases leading to disability may fall within the scope if all the medical criteria are met.
Suffering must meet specific criteria
The illness must cause suffering that is refractory to treatment, that is to say which can no longer be relieved by the care offered, or suffering that the patient considers unbearable. This assessment will be linked to the serious and incurable condition concerned.
Isolated discomfort or psychological suffering will not allow you to request assistance in dying. The medical situation must therefore be examined as a whole. The doctor must verify that the person meets the conditions provided for by law and that their decision is free and informed.
What changes for protected people
People under guardianship or curatorship are not excluded. They will be able to make a request, but the doctor must ensure that they understand their decision and that it is not imposed. The observations of the tutor or curator must also be taken into account.
The request will not be validated by a single rapid opinion. A collegial procedure must bring together several professionals (at least a doctor specializing in the pathology from which the person suffers and a medical assistant or a caregiver), before a reasoned medical decision is made within fifteen days. The doctor can also invoke his conscience clause, like other caregivers and pharmacists. A request may therefore be refused, or directed to other professionals. Assistance in dying can be organized in hospital, in nursing homes or at home, according to the conditions set by the implementing texts.