#EU #France – The French Constitutional Council validated the law establishing a right to assistance in dying on August 14, 2026, declaring all challenged provisions constitutional while attaching three interpretive reservations.
The decision, numbered 2026-910 DC, cleared the way for promulgation of the legislation that Parliament had definitively adopted on July 15, 2026. The text created a framework under which adults suffering from a serious and incurable condition in an advanced or terminal phase, experiencing constant and unbearable physical or psychological suffering, and capable of expressing free and informed consent could request a lethal substance. In most cases the patient was to self-administer it; a healthcare professional could assist if the patient was physically unable to do so. Eligibility required French nationality or long-term residency.
The Council received five referrals, including from the Prime Minister, the President of the Senate, and groups of parliamentarians. It found that the legislature had sought to guarantee personal freedom and that establishing a right to assistance in dying under specified conditions contributed to the right of every person to a dignified end of life. No articles were struck down.
Three reservations of interpretation were issued. First, private establishments—particularly those whose statutory missions or institutional projects were incompatible with the procedure, such as certain Catholic institutions—could refuse to host assistance-in-dying acts on their premises, provided they were not the only facility able to meet local needs. Second, pharmacists were granted an individual conscience clause allowing them to refuse to prepare or dispense the lethal substance, extending a protection already available to physicians and nurses. Third, safeguards for protected adults (those under guardianship or curatorship) were strengthened: the physician reviewing a request was required to take into account the observations of the legal guardian or tutor.
President Emmanuel Macron welcomed the ruling, stating through the Élysée that it “concluded an exemplary democratic debate” and provided an essential guarantee for citizens. The decision consolidated the balance struck by Parliament and allowed authorities to turn toward implementation, expected in early 2027 once implementing decrees were issued. Supporters of the reform, including advocates for the right to die with dignity, described the outcome as a relief after years of debate that began with a Citizens’ Convention in 2022–2023. Opponents had challenged multiple aspects of the text, but the Council rejected the bulk of those arguments.
The validated law marked a significant evolution from the earlier Claeys-Leonetti framework of 2016, introducing active assistance under tightly defined conditions while preserving conscience protections and additional safeguards for vulnerable persons.
Image: Palais-Royal, the location of the French Constitutional Council in Paris.
