“There is a way for an ethical application of active assistance in dying, under certain strict conditions with which it seems unacceptable to compromise”, said Alain Claeys, one of the rapporteurs of the opinion issued on Tuesday, September 13 by the National Consultative Ethics Committee. This decision was eagerly awaited, since the Committee self-seized the subject in June 2021. An announcement that breaks with the previous opinions of the committee, which had until then always opposed end-of-life assistance.
What are CCNE’s proposals?
Initially, the Ethics Committee wishes strengthen public health measures in palliative caresupporting “anticipated expression of will” of the person and expanding deep sedation and continues beyond specialized units.
A certain number of ethical criteria must nevertheless be respected. “The possibility of legal access to assisted suicide should be open to adults suffering from serious and incurable illnesses, causing refractory physical or psychological suffering, whose vital prognosis is committed in the medium term.recognizes the communicated. Thus, the request for assistance must be expressed by a person with decision-making autonomy at the time of the request, “in a free, enlightened and repeated way”. The decision to follow up, taken by the doctor, must be documented in writing.
If necessary, the Committee envisages the opening of a national debate, recognizing “the extreme complexity of the theme of the end of life which brings together symbolic and spiritual representations of death, fear and anguish”.
What will happen in France?
In the wake of this decision, the President of the Republic Emmanuel Macron announced the launch of a citizen consultation in view of possible changes by the end of 2023. It will be “incorporated in October“and will deliver its opinion in March 2023, said the Elysée.
What does the law say as of September 13, 2022? Today, the Claeys-Leonetti law, dating from 2016, allows the “deep and continuous sedation causing an alteration of consciousness maintained until death, associated with analgesia and the cessation of all life-sustaining treatments”. Nevertheless, causing the death of the patient deliberately remains prohibited until then. The CCNE also acknowledged at a press conference on Tuesday that the laws currently in force “are not sufficiently known“.
With this decision, France would approach other countries such as Switzerland, Belgium or more recently Spain, which authorize assisted suicide in extremely controlled ways. “We need to move for more humanity“, said Emmanuel Macron this Thursday.
Source :
- Ethical issues relating to end-of-life situations: autonomy and solidarity (Opinion 139), National Ethics Advisory CommitteeSeptember 13, 2022