2023-08-01 13:15:32
In the “French model of the end of life” promised in April by Emmanuel Macron before the members of the Citizens’ Convention, doctors could benefit from a “specific conscience clause”. This is what Agnès Firmin Le Bodo, the Minister Delegate for the Health Professions, argued on Tuesday on France Info, who will present the bill to the President of the Republic before the end of the summer.
The implementation of active assistance in dying (the terms “euthanasia” and “assisted suicide” have been set aside, because they have too negative connotations) crystallizes the concern of health professionals who fear being forced to put it implemented. On June 20, fifteen health organizations, which participate in the working group on this text, wrote to the minister to share their concerns.
Take inspiration from the law on abortion
“We do not want all caregivers to be required to kill, except those who explicitly object by a conscience clause”, summarized then at the “World” Ségolène Perruchio, head of the palliative care service at the Rives de Seine hospital center, in Puteaux.
Another major point of disagreement between the government and caregivers: the latter plead for active assistance in dying to appear in the Penal Code as “an exception to the prohibition on killing”, and not in the public health code. “I am a doctor, death is not my job”, has already valorize Claire Fourcade, president of the French Society for Palliative Care and Support (SFAP).
Bill on the end of life: A specific conscience clause, “it seems almost natural and obvious to me”, says Agnès Firmin Le Bodo, Minister Delegate in charge of Health Professions pic.twitter.com/az6yUSe7GS
— franceinfo (@franceinfo) August 1, 2023
However, in the draft bill sent to the parliamentarians participating in its co-construction, active assistance in dying is included in article L 1110-14 of the public health code. “The conscience clause already exists for doctors. Only a doctor is able to say that the vital prognosis is engaged [un prérequis pour déclencher ce droit, NDLR]so a specific conscience clause is, in my opinion, a prerequisite”, reassured the minister on Tuesday.
However, no terms have yet been set. A doctor who would assert his conscience clause could have to “designate a professional who would accept”, outlines Agnès Firmin Le Bodo, evoking the model in force on voluntary termination of pregnancy (IVG). “It seems to me a good model”, she believes, confirming her remarks made to “Le Monde” in June.
“All tracks are open”
The modus operandi is not decided either, the concept of active assistance in dying being seen by some as an understatement. If the minister refuses the terms assisted suicide and euthanasia, that is what it is going to be about. In the first case, the patient would be accompanied in the accomplishment of the gesture and in the second, it is the professional who would carry out the act.
Postponing euthanasia – even if it is called otherwise – could calm the rebelliousness of health professionals. But this modus operandi in fact excludes patients who cannot perform this gesture physically. “Nothing is decided,” insists the minister. Referring to the example of Oregon (United States) where non-medical personnel can help to die, or Switzerland, where it is the families, Agnès Firmin Le Bodo adds that “all the solutions are on the table”. At this stage, she even claims not to exclude “several texts”.
A favorable opinion
An Ifop poll for the ” JDD » last April showed that 70% of French people were for active assistance in dying, but barely 36% would consider resorting to euthanasia if they were suffering from a painful and incurable disease.
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