France has taken a major step towards legalising assisted dying after its highest constitutional authority approved new legislation on Friday.

The Constitutional Council upheld the law in its entirety, which grants adults suffering from incurable conditions the right to assisted dying. However, the council said some provisions require clarification.

The approval means France will join countries like the Netherlands, Belgium, Switzerland and Canada, which have already legalised the practice.

The French parliament passed the legislation in July after years of heated debate. It establishes a right to assisted dying for some adults suffering from incurable conditions.

The ruling marks a victory for President Emmanuel Macron, who promised such a law when he was re-elected for a second term in 2022.

Under the new law, a patient must be of legal age and either a French national or long-term resident to be eligible. They must also suffer from pain that is unresponsive to treatment, or pain they consider unbearable if they have chosen not to receive treatment or to stop treatment.

A doctor is responsible for verifying the patient’s eligibility before a panel assesses whether the criteria have been met. The doctor ultimately makes the decision alone, and the patient may withdraw consent at any time.

The patient will administer a lethal substance themselves, with exceptions for those who are physically unable to do so. In such cases, a healthcare worker can assist.

While the council upheld the law, it found that certain provisions needed clarification. This includes the conscience clause, which allows healthcare professionals to refuse to take part in the procedure.

The clause must also apply to private healthcare facilities where assisted dying is “manifestly contrary” to their mission, provided they are not the only establishments able to meet local needs, the constitutional authority said.

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