Sylvain Allemand // Credits: ALINE MORCILLO / HANS LUCAS / HANS LUCAS VIA AFP
A subject that carries heated debates. The President of the Republic, Emmanuel Macron, announced this Sunday that a bill opening up “assisted dying” under “strict conditions” would be presented in April to the Council of Ministers. An announcement on a thorny societal issue following the favorable opinion of the National Consultative Ethics Committee (CCNE) on the issue.
Currently, the law in France allows “deep and continuous sedation until death” for patients who are terminally ill and whose vital prognosis is at risk in the short term. However, assisted suicide or euthanasia is prohibited by French legislation. In the rest of Europe, the issue is not treated in the same way depending on the country.
The Netherlands and Spain ahead
On the Amsterdam side, the issue of end of life was addressed in 2001. The Netherlands was the first state in the world to authorize active euthanasia. This practice consists of intentionally reducing a person’s suffering by injecting them, for example, with a lethal product. Even if the act is not prohibited, it can only take place in strict compliance with certain conditions. The patient concerned must personally make the request in writing. Furthermore, his suffering must be unbearable and incurable. In 2023, Dutch law gave the right to children under the age of 12, suffering from an incurable illness and whose palliative care is ineffective, to have recourse to active euthanasia.
In 2021, Spain became the sixth country in the world to legalize active euthanasia. However, it is only accessible to patients with Spanish nationality or residing in Iberia for at least 12 months. The patient must also be an adult, conscious and suffering from a “serious and incurable” illness. Like the Netherlands, the request must be made in writing.
Germany between two waters on the issue
The legislation of our German neighbors is more nuanced on the issue. Active euthanasia is formally prohibited across the Rhine, but its passive version is possible. Patients may receive painkiller treatments which can lead to early death. The patient also has the right to request the interruption of life-prolonging measures, such as ventilation or nutrition. Assisted suicide continues to agitate German society. In 2023, two bills on the subject were debated without finding a majority in the Bundestag.
Italy and the United Kingdom more severe
Concerning assisted suicide, our transalpine neighbors are less flexible than the Netherlands and Spain. To have access to this right, extremely specific conditions have been established. Assisted end of life is only possible when a patient suffers from an incurable pathology causing intolerable pain. In addition, his life support must be ensured only through treatment. The request must also be made in full conscience by the person wishing to end their life. Active euthanasia is considered a crime by Italian legislators.
Across the Channel, active euthanasia can be assimilated to murder or manslaughter. The maximum penalty incurred is life imprisonment. The passive version is possible in limited cases. Assisted suicide is also prohibited in the lands of Charles III.