France's Constitutional Council approves assisted dying law with three reservations

France's Constitutional Council ruled on Friday, 14 August 2026 that the law creating a right to assisted dying contains no article contrary to the Constitution, clearing the way for promulgation. The text was definitively adopted by the National Assembly on 15 July 2026. The Council issued three interpretation reservations but rejected all other challenges.

Legislative path cleared

The decision represents a victory for President Emmanuel Macron, who had promised such a law during his 2022 re-election campaign for a second term. With this approval, France joins Belgium, the Netherlands, Switzerland, Canada, and Uruguay in authorising assisted dying. The law had faced vehement opposition from the Republican right and the Rassemblement National during parliamentary debates, followed by repeated referrals to the Constitutional Council.

Conditions and procedure

Under the law, a patient may receive assisted dying if they are an adult, a French citizen or long-term resident, suffering physically in an unbearable manner, and capable of making an informed choice until the last moment. The patient must also be affected by a "grave and incurable" condition, in a terminal or "advanced" phase. A doctor must verify the patient's suitability before a commission assesses whether the criteria are met. The final decision rests with the doctor, who may revoke consent at any time.

Once medical approval is given, the patient must wait a minimum of two days before the act is carried out, and must confirm their choice on the day itself. The patient self-administers the lethal product, unless physically unable, in which case a healthcare worker may assist.

Three interpretation reservations

The Council attached three reservations to its ruling. First, private establishments such as Catholic clinics may refuse to perform assisted dying when the procedure is "manifestly contrary" to their statutory mission or institutional project, provided they are not the only facility able to meet local needs. This reservation is grounded in the freedom of enterprise and freedom of association. Second, the conscience clause extends not only to healthcare workers directly involved in the procedure but also to pharmacists, who may refuse to prepare the lethal product. Third, for patients under guardianship (tutelle or curatelle), the doctor responsible for granting approval must "take into account" the observations of the guardian.

Presidential reaction

The Élysée issued a statement calling the decision one that completes an exemplary democratic debate and provides an essential guarantee to citizens. President Macron said it is now possible to turn to implementing the reform.

It is now possible to turn to the implementation of this reform with the certainty that it rests on democratic, ethical and constitutional foundations that are fully established.

Other rulings the same day

The Constitutional Council also ruled on five other texts on 14 August. The agricultural emergency law was largely upheld, including the controversial article on the temporary reintroduction of two banned pesticides, subject to a "double reservation." Two articles were censored on the merits and five others were struck down as "legislative riders" with no connection to the original text. The Council entirely censored the ban on social media for minors under 15, finding it too "general" and "not adapted nor proportionate," noting it would have required every user, even adults, to prove their age without legal guarantees protecting privacy.