On Wednesday 29thApril 2026, as at the first reading, the Social Affairs Commission of the Senate validated at second reading the principle of euthanasia and assisted suicide whilst renaming the procedure "Medical assistance in dying" and restricting its access to patients whose life expectancy is threatened "in the short term".
The access criteria are the same as those established by the Claeys-Leonetti law for Deep and Continuous Sedation Until Death, with a risk of introducing serious confusion between the two practices.
"Medical assistance in dying" rather than a "Right to assistance in dying"
As at the first reading, the commission renamed the procedure as "Medical assistance in dying" rather than a "Right to assistance in dying". As a result, the notion of right is deleted from the text.
Re-adoption of the Claeys-Leonetti law criteria for causing death
Again, as at the first reading, the commission has chosen to re-adopt the same access conditions for this "medical assistance" as the criteria established by the Claeys-Leonetti law in order to benefit for a deep and continuous sedation until death, i.e.:
- Serious and incurable condition;
- The existence of refractory or unbearable suffering;
- Life expectancy threatened in the short term.
As for Deep and Continuous Sedation Until Death, this medical assistance may be conducted at the patient's request in order "to avoid all suffering and unreasonable therapeutic obstinacy". According to the preamble of the amendment, the intention is to replace the right of access to assisted suicide or euthanasia, with "medical assistance in dying procedure extending the provisions of the Claeys-Leonetti law".
However, although the access criteria are the same as for sedation, the intention is radically different since the sedation established by the 2016 Claeys-Leonetti law and controlled by the High Authority for Health (HAS) recommendations aims to relieve suffering which is refractory to treatment, death being the consequence of the disease. The intention is not to cause death.
In this case, the procedure proposed by the Senate is of quite a different nature since it is intended to cause the death of the patient through a lethal act. It is indeed assisted suicide and euthanasia.
Adoption of the same measures as at the first reading
The members of the commission adopted the same amendments as during the first reading to make the text clearly more restrictive:
- Deletion of the condition regarding nationality or residence in France;
- Definition of the notion of refractory suffering;
- Obligation for the doctor consulted to have already cared for the patient;
- Mandatory information on deep and continuous sedation during the request for medical assistance in dying consultation;
- Restriction of the locations where the lethal substance may be administered;
- Deletion of the possibility of deferment of the administration of the lethal substance;
- Mandatory presence of a police officer until the death of the person;
- Extension of the conscience clause to cover pharmacists, psychologists and other professionals liable to take part in the collegial procedure;
- Introduction of a collective conscience clause for establishments whose establishment project is incompatible with the implementation of assisted dying;
- Prohibition for any links with associations promoting euthanasia or assisted suicide from taking part in the supervision and evaluation commission;
- Deletion of the obstruction offence and prohibition of publicity for "Medical assistance in dying".
Additional safeguards
The text by the commission introduces a few new safeguards, such as the explicit exclusion of those exhibiting intellectual deficiency, or the mandatory association of the patient's doctor to the procedure. The text from the first reading specified that the patient's doctor could simply be invited to take part in the collegial procedure.
According to the logic of reporter Christine Bonfanti-Dossat, the intention is to ensure "the strictest possible access criteria". The aim is for the Senate to be able to propose its own text, more restrictive than the one by the National Assembly, in order to weigh upon the final text.
Although the text provides restrictions, it nevertheless validates and ratifies in law the possibility for carers to cause death by euthanasia or assisted suicide in response to suffering, whilst bypassing the criteria for sedation by intentionally causing death.
Adoption without modification of the proposed bill on palliative care
On Wednesday 29th April, the social affairs commission also examined the proposed bill aimed at guaranteeing equal access for all to accompaniment and palliative care. The text was adopted without modification.
Uncertainties regarding the examination in the plenary session
Both texts will be examined in the Senate on 11th,12th and 13th May. Although the text on palliative care should be adopted without any problem, the result of the examination of the text introducing "help" or "assistance" in dying is far more uncertain.
At the first reading, after emptying the text of its substance, the Senators had finally rejected it (see our decryption), demonstrating the absence of political consensus on the subject. It is now all the more important to lobby the Senators to make them aware of our concerns and our disagreement with the proposed medical assistance in dying by assisted suicide and euthanasia and to call for a resolute commitment for the development of palliative care.