End of life: MPs create an offense of obstructing assisted dying; a formal vote planned for May 27 at the National Assembly

On Saturday, May 24, MPs approved the creation of an offense of obstructing assisted dying, characterized by "preventing or attempting to prevent" the "practice or inquiring" on this subject, while increasing the penalty. Shortly after, elected officials completed their first reading of the bill; a formal vote is scheduled for May 27.

This offence will be committed in the event of disruption of "access" to places where assisted dying is carried out, "by exerting moral or psychological pressure" , "by making threats or engaging in any act of intimidation" towards patients or health professionals. It is similar to the offence of obstructing voluntary termination of pregnancy (VTP).

The MPs also increased the penalty to two years in prison and a €30,000 fine, to align it with the one concerning abortion. The article, adopted by 84 votes to 49, sparked heated debate.

"How far will this offence of obstruction of interpretation go? " worried MP Thibault Bazin (Les Républicains, LR). "How can we understand suicide prevention in the future, or even failure to assist a person in danger?"

Other parliamentarians raised the case of relatives who would try to dissuade a parent. "This offence of obstruction, as it is worded, can create arbitrariness," added Patrick Hetzel (LR).

Health Minister Catherine Vautrin sought to reassure MPs. "What we are led to say (...) in a circle of friends and family is obviously a personal approach that does not constitute an obstruction offence," she stressed, repeatedly citing a decision by the Constitutional Council. "Proposing palliative care, alternatives or other perspectives, expressing doubts, opening a dialogue or even delaying a decision deemed premature (...) cannot be considered pressure," she added.

MPs tried in vain to introduce an "offense of incitement" to assisted dying, to "rebalance" the text. "I think we should neither prevent nor incite," judged Cyrille Isaac-Sibille (Democratic Movement). "We cannot create an offense of incitement to a right, it is not possible," replied Elise Leboucher (La France insoumise), rapporteur for this part of the text. "The repressive arsenal already makes it possible to completely cover the risk of pressure and maneuver," added Ms. Vautrin, citing abuse of weakness.