On Thursday morning, the chamber is nearly empty at 9 AM as the discussion resumes on the proposed law concerning the “right to assisted dying.” The debate starts with three amendments suggesting changes to the terminology, proposing to use terms like “scheduled death” or “active assistance to die” instead of “assisted dying.”
Although this discussion has happened many times before, this time, the general reporter, Olivier Falorni from the Democrats, takes a moment to respond, going over the semantic analysis already performed, especially concerning the terms euthanasia and assisted suicide. Philippe Juvin from the Republican Right expresses frustration, saying, “We agreed on 1 minute each, but you spoke for 5 minutes, Olivier Falorni. You’re just waiting for allies to ensure these amendments aren’t passed.” He is joined by Charles Sitzenstuhl from Together for the Republic, who also expresses disappointment about how the day is starting. Ultimately, the amendments are rejected.
Some deputies are concerned about the lack of real guarantees that a person’s wish for assisted dying is “free and informed.” Thibault Bazin from the Republican Right suggests an amendment that would deny access to assisted dying for people who feel a “mixed sense of uselessness and non-existence,” arguing that society’s view on these individuals makes them feel unworthy, which they shouldn’t be. His colleague, Patrick Hetzel, supports this view, referencing a statement from Professor Emmanuel Hirsch, who warns that we must accept the human, social, and ethical consequences of a law that supports giving death. He emphasizes the importance of “protection and brotherhood.”
However, this amendment isn’t widely supported. Deputies Michel Lauzzana from Together for the Republic and Stéphane Delautrette from the Socialists criticize it. Lauzzana argues that feelings of unworthiness are personal, while Delautrette insists that “we can’t protect someone against their will.” The reporter, Laurent Panifous, reassures that feelings of personal degradation will never be enough to access this option. Both the amendment and another proposal to consult a psychiatrist when there are doubts about the person’s understanding are rejected.
Even the government’s amendment, which aimed to ensure that if there were serious doubts about a person’s judgment, a doctor would consult a psychiatrist or neurologist, is rejected. Olivier Falorni deemed it “balanced.” Juvin insists on the need for mandatory psychiatric consultations, while Hetzel believes that a psychiatrist’s and neurologist’s opinions should be required for the doctor. Sandrine Rousseau from the Ecologist and Social party argues that psychiatrists look for mental disorders, not for someone’s ability to make decisions. She questions whether a mental illness automatically affects a person’s judgment.
Another key point raised by Nathalie Colin-Oesterlé from Horizons and Independents is that both the patient and doctor should explore all alternatives before considering assisted dying. Justine Gruet from the Republican Right suggests making the process of assisted dying more judicially regulated to ensure that the decision is free and informed. Cyrille Isaac-Sibille from the Democrats frequently asks why, in a law about society, the responsibility and consequences are left solely to the doctor. He points out that in organ donation cases, a judge is involved, but for this law, the society seems completely absent, as the doctors are left to decide.
Sandrine Rousseau responds to this by stating that the amendments assume assisted dying only happens when treatment fails. However, in advanced or terminal stages, it is a personal choice. Gruet questions whether it should be an individual’s freedom or a doctor’s decision. The Health Minister ultimately clarifies that it is the patient’s decision with medical advice.
An amendment from Bazin to gather opinions from a patient’s relatives is also rejected.
The debate then shifts to the collegial process outlined in the law, which many deputies believe is inadequate. Ten amendments aimed at clarifying this process are rejected. Dominique Potier from the Socialists warns that it’s problematic for a doctor to be the expert, decision-maker, and executor all at once.
Amendments proposed by Frédéric Valletoux, the president of the social affairs commission, and Laurent Panifous are favored. They clarify that the collegial process is only a procedure and not a decision-making body; the final decision is still up to the doctor. Danielle Simonnet from the Ecologist and Social party reminds everyone that while there is a collegial discussion, the final choice is up to the referring doctor.
Most stricter amendments to make the process more binding are rejected, except for those from Bazin and Juvin, which are adopted unanimously. These amendments state that the process needs to involve a team of professionals, including at least one specialist and a healthcare assistant. Meetings should occur in person whenever possible, and while the doctor can involve the patient’s trusted person if desired, the final decision rests solely with the doctor, who must document their reasoning.
Philippe Juvin labels the changes as “cosmetic,” noting that doctors were the first to call for actual collegiality.
This article has been translated and simplified by artificial intelligence from a French article “« Aide à mourir » : une révision « cosmétique » de la collégialité”
It may therefore contain errors. The French version is the reference version..