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JOHN LICHFIELD

OPINION: A French referendum on the right to die would be a disaster

As France prepares to once again examine the highly controversial topic of assisted suicide and euthanasia, John Lichfield has just one request - spare us a referendum on this most divisive and easily misrepresented of subjects.

OPINION: A French referendum on the right to die would be a disaster
A demonstrator calling for relaxation in France's right-to-die laws. Photo by BORIS HORVAT / AFP

In France, everything is political, even death. One might think that President Emmanuel Macron has enough problems to solve without opening the moral and political Pandora’s Box of euthanasia and/or “assisted suicide”.

During the presidential election campaign earlier this year, Macron promised new legislation on the subject. On Monday, he announced that a Citizen’s Convention will be created next month to report by the end of March on a possible new End of Life law – the fifth on the subject in France in 24 years – by the end of 2023.

The President’s announcement produced an immediate volley of abuse from his political opponents, Left and Right.

Macron was, they said, desperately looking for some kind of legislative monument to his time in the Elysée Palace. He was trying to distract attention from the crisis which threatens the French health service this winter.

A comprehensive law on the End of Life was passed only six years ago, they said. It was still poorly understood by the public and patchily applied. Why now? Why change the law again so soon?

Macron’s timing was forced partly by an independent report, published on Tuesday by France’s principal watchdog on  medical ethics, the Comité consultatif national d’éthique (CCNE). The 40 strong committee – with eight dissenting voices – recommended, with many qualifying adjective and clauses, that French law on Life and Death should be revisited yet again.

Forgive me if I go into some detail. It’s a tricky subject. 

The existing French law from 2016, the Claeys-Leonetti law, forbids both euthanasia (a deliberate act by a medical practitioner to shorten life) and assisted suicide (the provision of drugs by medical staff to allow a suffering patient to take his or her own life).

The law does, however, state that terminally ill patients have a right to “sleep before they die, so as not to suffer”. Anyone with only a short time to live has a right to “deep sedation until death”.

Tuesday’s majority report  by the medical ethical watchdog said that this six-year-old law was no longer in line with advances in medicine and society. Permanent sedation was not suitable for people who might survive for many months.

“Respect for the right to life should not oblige people to endure lives that they find intolerable,” the ethics committee concluded. “There is no obligation to live.”

It suggested that France should consider going further down the legal road – or various roads – already taken by Switzerland, Belgium and the state of Oregon in the United States.

Consideration should be given, with many legal and ethical safeguards, to allow “access to assisted suicide” for “adults with grave and incurable illness producing great suffering” who are expected to die in the “medium term”.

“Euthanasia” – a deliberate act by a qualified doctor – should also be considered for suffering patients who are too physically or mentally incapacitated to end their own lives.  A statement authorising such an act would have to be signed while the patient was still able to do so. In such cases, a final decision would be made by a judge.

If followed, these cautious recommendations would make French “End of Life” law amongst the most liberal in the world – but not quite so liberal as in Belgium or in Switzerland. The Franco-Swiss film director Jean-Luc Godard, who died this week aged 91, is reported to have taken advantage of the legal Swiss right to assisted suicide.

The proposals by the ethics watchdog and Macron’s Citizen’s Convention will doubtless be muddled and misrepresented in the months ahead. Life and Death, and the frontier between them, are difficult subjects at the best of times – open to both honest confusion and deliberate falsification

All the more reason, you might think, to leave such issues alone, if you are a President without a majority in the National Assembly and a traffic-jam of other more pressing problems to address.

In a briefing with Elysée correspondents on Monday,  President Macron said that he was “convinced” that it was time to act because “inhumane situations” still existed. He said he had no ready-made answers  to questions which were “anything but easy” .

In March, Macron praised the existing Belgian law which allows assisted suicide and euthanasia (even for minors). On Monday, the President said that the Belgian model was “not necessarily the one to follow exactly”.

He said that he hoped that the citizens’ convention would come up with a “text” which could go to parliament for amendment and maybe to a referendum by the end of next year.

One of the strongest arguments against a new law is that France has not yet properly absorbed the existing one. The 2016 law insists that all patients near the end of life have a right to permanent relief from suffering.

And yet France has yet to create the medical capacity to make that possible. Palliative care remains a poor relation in the French health service. The Inspectorate general of Social Services reported recently that 62 percent – almost two in three – of dying patients in France do not get the end-of-life care that the law prescribes.

The medical ethics committee’s report this week said that there should be NO change in the law until palliative care in France offered the terminally ill the means of dying in peace and dignity without suicide.

On the other hand, many people who have lost an elderly loved-one to a prolonged illness (me included) know that there is sometimes a well-meaning hypocrisy or deliberate grey zone in palliative care. The difference between “deep sedation” and euthanasia, between sleep and death, is often mercifully indistinct.

Maybe it is best left that way; or maybe people should be given some control over their final days. It is a horribly difficult question. President Macron is perhaps right to raise it again.

But please, please spare us a referendum. The subject is far too complex and emotive for a referendum, which would generate an avalanche of conspiracy-mongering and Macron-hating nonsense on the internet. If anyone decides to change the law (again), it should be parliament.

Member comments

  1. Once the report comes out it will be time for discussion and reflection. A non-binding referendum could be part of that.

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PARIS 2024 OLYMPICS

Factcheck: Is France really trying to ban speaking English at the Paris Olympics?

A resolution by a group of French MPs to 'say non to English at the Paris Olympics' has generated headlines - but will athletes and visitors really be required to speak French?

Factcheck: Is France really trying to ban speaking English at the Paris Olympics?

In a resolution adopted on Thursday, France’s Assemblée Nationale urged organisers of the 2024 Paris Games, as well as athletes, trainers and journalists, to use French as much as possible.

Annie Genevard, the sponsor of the resolution from the right-wing Les Républicains party, expressed alarm to fellow MPs that “the Olympic Games reflect the loss of influence of our language.”

The French MP’s resolution has garnered headlines, but does it actually mean anything?

Citing examples of English slogans in international sport, she added: “The fight for the French language … is never finished, even in the most official spheres.

“Let’s hope that ‘planche a roulettes’ replaces skateboard and ‘rouleau du cap’ point break (a surfing term), but I have my doubts.”

She’s right to doubt it – in French the skateboarding event is ‘le skateboard’, while the new addition of break-dancing is ‘le breaking‘.

But what does this actually mean?

In brief, not a lot. This is a parliamentary resolution, not a law, and is totally non-binding.

The Games are organised by the International Olympic Committee, the Paris 2024 Organising Committee and Paris City Hall – MPs do not have a role although clearly the Games must follow any French domestic laws that parliament passes.

The French parliament has got slightly involved with security issues for the Games, passing laws allowing for the use of enhanced security and surveillance measures including the use of facial recognition and drone technology that was previously outlawed in France.

So what do the Olympic organisers think of English?

The Paris 2024 organisers have shown that they have no problem using English – which is after all one of the two official languages of the Olympics. The other being French.

The head of the organising committee Tony Estanguet speaks fluent English and is happy to do so while official communications from the Games organisers – from social media posts to the ticketing website – are all available in both French and English.

Even the slogan for the Games is in both languages – Ouvrir grand les jeux/ Games wide open (although the pun only really works in French).

In fact the Games organisers have sometimes drawn criticism for their habit (common among many French people, especially younger ones) of peppering their French with English terms, from “le JO-bashing” – criticism of the Olympics – to use of the English “challenges” rather than the French “defis”.

The 45,000 Games volunteers – who are coming from dozens of countries – are required only to speak either French or English and all information for volunteers has been provided in both languages.

Paris local officials are also happy to use languages other than French and the extra signage that is going up in the city’s public transport system to help people find their way to Games venues is printed in French, English and Spanish.

Meanwhile public transport employees have been issued with an instant translation app, so that they can help visitors in multiple languages.

In short, visitors who don’t speak French shouldn’t worry too much – just remember to say bonjour.

Official language  

So why is French an official language of the Olympics? Well that’s easy – the modern Games were the invention of a Frenchman, the aristocrat Pierre de Coubertin, in the late 19th century.

Some of his views – for example that an Olympics with women would be “impractical, uninteresting (and) unaesthetic” – have thankfully been consigned to the dustbin of history, but his influence remains in the language.

The International Olympic Committee now has two official languages – English and French.

Official communications from the IOC are done in both languages and announcements and speeches at the Games (for example during medal ceremonies) are usually done in English, French and the language of the host nation, if that language is neither English nor French.

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