Deputies remove notion of constant suffering from end-of-life aid law

The National Assembly adopted on Friday, February 20, a key article of the end-of-life aid law, removing the notion of 'constant suffering' from the eligibility criteria. The text defines five cumulative conditions for patients, approved by 55 votes to 31. Debates continue on other procedural aspects.

The National Assembly is examining the end-of-life aid law in its second reading, following its rejection in the Senate. On Friday morning, deputies approved by 55 votes to 31 the article establishing five cumulative criteria to claim this right. These conditions require the patient to be of legal age, French or residing in France, suffering from a 'serious and incurable condition' that 'endangers vital prognosis' in an advanced or terminal phase, capable of expressing their will freely and informedly, and presenting physical or psychological suffering that is either refractory to treatments or unbearable.

The main change concerns this last criterion: initially, the suffering had to be 'constant,' but amendments from socialist and La France insoumise (LFI) deputies, supported by the government, removed it. René Pilato (LFI) defended the modification, arguing: 'Imposing this word means reducing the possibility of granting [this right] when we are unable to measure it scientifically and physically.' Health Minister Stéphanie Rist added: 'Pain anyway oscillates throughout the same day.'

Opposition voices were raised. Nathalie Colin-Oesterlé (Horizons) advocated keeping the precision, stating 'there is no legal insecurity.' Théo Bernhardt (National Rally, RN) called the change 'madness.'

Another point of contention involves psychological suffering: amendments aiming to specify that it could not alone justify end-of-life aid were rejected, but the government requested a new deliberation scheduled for Tuesday. On Thursday, deputies had already adopted the article creating the right to end-of-life aid. Friday afternoon's examination continues on the modalities of the patient's request, confirmation, and the doctor's assessment.

Le Monde with AFP

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Deputies on the social affairs commission approved, on February 4, the creation of a right to assisted dying, nearly identical to the version adopted in May 2025. Rejected by the Senate last week, this bill returns for second reading at the National Assembly, sparking intense debates on end-of-life issues.

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The French Senate rejected a central article of an end-of-life bill on Wednesday, January 21, which outlined conditions for a right to aid in dying. The vote passed 144 against 123, stripping the text of its core, amid reluctance from various political groups. Debates will continue, but the process may revert primarily to the National Assembly.

The Supreme Court ruled on Wednesday that the state's interest in preserving life must yield to a patient's right to dignity when medical interventions become futile. The judgment upheld the withdrawal of life support from a 32-year-old man in a persistent vegetative state for over 12 years. Justice J.B. Pardiwala described dignity as the most sacred possession of a human being.

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The French Constitutional Council validated nearly all of the 2026 finance bill on February 19, censoring only eight minor provisions and issuing reservations on two others. This includes approval of the holding tax despite Prime Minister Sébastien Lecornu's referral, allowing President Emmanuel Macron to promulgate the law after the National Assembly's adoption earlier in February.

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