The Conseil constitutionnel, the body that decides whether a French law survives contact with the constitution, handed President Emmanuel Macron one of each on Friday, 14 August. It upheld the assisted-dying law in its entirety, and it struck down the ban on social media for children under 15. [1]
Parliament had passed the assisted-dying bill by 291 votes to 241, a majority of 50. [1] The Council let the law stand while clarifying three of its provisions: pharmacists may refuse to take part under a conscience clause, private treatment centres may decline to participate where doing so would run against their mission, and for patients under legal protection the welfare guardian's opinion must be taken into account. [1] To qualify, a patient must have, in the law's terms, 'an incurable, life-threatening illness in an advanced or terminal phase' causing 'constant physical or psychological suffering that is untreatable or unbearable', and must give free and informed consent. [1]
The social-media measure fared worse. The Council rejected the ban on under-15s, citing freedom of expression and privacy. The law, it held, 'inherently requires every person, even an adult, to prove their age before accessing' such services, yet failed to set out the 'legal safeguards necessary to ensure compliance' and did not 'safeguard people's privacy'. [1] The ban had been due to take effect in January 2027. [1]
Macron had championed both policies, which is why the same ruling arrives as a victory and a rebuke. [1] After the ruling he asked his prime minister, Sebastien Lecornu, to work on a new, 'legally robust' draft of the social-media legislation. [1] Of the two measures, the more contested, assisted dying, is the one that walked out untouched.
