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How the societal paradigms of ageing are set to change

Politics and science : the upcoming end-of-life legislation

with Jean-François Delfraissy, Chairman of the French National Consultative Ethics Committee
On July 5th, 2023 |
3 min reading time
DELFRAISSY_Jean-François
Jean-François Delfraissy
Chairman of the French National Consultative Ethics Committee
Key takeaways
  • A bill on ‘end-of-life ‘is due to be presented to the French government by September 21st
  • The issue is causing a stir in France, as it puts two major ethical principles into tension: individual freedom and solidarity.
  • Democratic dialogue between scientists on the one hand, and politicians and citizens on the other, is essential on these social issues.
  • The role of scientists is to shed light as neutrally as possible by providing accurate information, while the role of politicians is to make decisions.
  • The Comité consultatif national d'éthique (CCNE) is a kind of scientific compass for ethics, providing nuanced, well-argued opinions.

With a bill on end-of-life issues due to be pre­sen­ted by Sep­tem­ber 21st what is the role of scientists ?

On seve­ral cru­cial issues, French socie­ty has evol­ved enor­mous­ly over the last 50 years. Atti­tudes and beliefs have chan­ged, some­times with the sup­port of poli­ti­cians, some­times without. In the ear­ly 1980s, for example, poli­ti­cians adop­ted a posi­tion that was very much in the mino­ri­ty when it came to abo­li­shing the death penal­ty. So, I don’t know what the posi­tions of govern­ment and par­lia­ment will be.

Does our death belong to us indi­vi­dual­ly or to socie­ty as a whole ?

As scien­tists, our pri­ma­ry task is to share what we know with citi­zens and poli­ti­cians. We inform citi­zens by explai­ning the cha­rac­te­ris­tics of pal­lia­tive care, its use and effec­ti­ve­ness. We seek to ans­wer the most dif­fi­cult ques­tions, the most dif­fi­cult dilem­mas, based on data, tes­ti­mo­ny, and expertise.

What is the role of the citi­zen in this type of debate ?

By relying on par­ti­ci­pa­to­ry demo­cra­cy, it is pos­sible to resolve cer­tain dif­fi­cult situa­tions that put a strain on our demo­cra­cies. Lis­te­ning to citi­zens is in no way oppo­sed to elec­tive demo­cra­cy, on the contra­ry, it com­ple­ments it : par­ti­ci­pa­to­ry demo­cra­cy is an unde­niable asset to elec­tive democracy.

What is your vision of par­ti­ci­pa­to­ry democracy ? 

The ongoing debate on the end of life has made it pos­sible, with the Citi­zens’ Conven­tion and the many mee­tings orga­ni­zed by the French Natio­nal Consul­ta­tive Ethics Com­mit­tee (CCNE) in the regions – more than 330 mee­tings and 45,000 par­ti­ci­pants – to inform and raise ques­tions and pro­blems, but also to ini­tiate dis­cus­sion in order to shed light on a num­ber of com­plex issues even before they are ensh­ri­ned in law.

Inci­den­tal­ly, the text sub­mit­ted to the French Pre­sident by the Citi­zens’ Conven­tion goes fur­ther than that of the CCNE. It’s an example of par­ti­ci­pa­to­ry demo­cra­cy that we’re fin­ding hard to imple­ment in France, but which, para­doxi­cal­ly, we’re well ahead of. We consi­der it insuf­fi­cient­ly deve­lo­ped but com­pa­red with the rest of Europe and the major demo­cra­cies, we are in fact one of the most advan­ced coun­tries in this res­pect. Wha­te­ver the major themes – and for my part I’m obvious­ly more fami­liar with those rela­ting to health – this dia­logue bet­ween the world of experts on the one hand, and that of poli­ti­cians and citi­zens on the other, is part of our demo­cra­cies. It’s a pre­cious asset that we must preserve.

The CCNE has publi­shed its report on the end of life. Why did you decide to tackle this sub­ject yourself ?

It was a ques­tion of social debate : should the law on the end of life in France be modi­fied, or not ? The CCNE’s opi­nion sheds impor­tant light on the upco­ming poli­ti­cal deci­sion. On this sub­ject, it’s not so much the scien­tist as the doc­tor spea­king : it’s a sub­ject that touches on the inti­mate, on huma­ni­ty, and on which no one is real­ly right or wrong, because it’s a mat­ter for the citi­zen and socie­ty as a whole. I believe it’s vital to lis­ten to what our fel­low citi­zens think about such a com­plex sub­ject, which confronts us all.

This is not a cri­sis situa­tion, but one of ten­sion bet­ween two major ethi­cal prin­ciples : indi­vi­dual free­dom and soli­da­ri­ty. Does our death belong to us indi­vi­dual­ly, or to socie­ty as a whole ? Today, this ques­tion of death has been entrus­ted to the medi­cal pro­fes­sion, since around 80% of deaths occur in a medi­cal envi­ron­ment. This was not the case 50 years ago in France, where death occur­red at home much more often…

Don’t you ever want to have a grea­ter say in the final decision ?

You know, as I’ve said before, eve­ryone must know their place : citi­zens express them­selves and must be lis­te­ned to, experts enligh­ten, and poli­ti­cians decide. The experts should not play at poli­tics. Of course, scien­tists know how to use cer­tain tech­niques or mole­cules to enable eve­ryone to reach the end of life, not in a more digni­fied way, but in a less pain­ful one. This tech­ni­cal pos­si­bi­li­ty comes up against socie­tal obs­tacles that must be ana­ly­sed and considered.

Experts should not play at politics.

In this context, the role of scien­tists is to shed as neu­tral a light as pos­sible by pro­vi­ding pre­cise infor­ma­tion about pal­lia­tive care in France, the use of deep and conti­nuous seda­tion, or the medi­cal situa­tions in which patients might wish to receive assis­tance in dying. Poli­ti­cal deci­sion-makers will then decide. Opi­nions on this sub­ject will always be diverse, and they will have to learn to live toge­ther, as cer­tain ten­sions will never com­ple­te­ly disappear.

Is this an ethi­cal chal­lenge for doctors ?

It’s a very dif­fi­cult ques­tion for them, yes. Some pal­lia­tive care doc­tors say that their job is not to help people die, but to help them live. Howe­ver, I take a more nuan­ced view on this sub­ject. I believe that ill­ness belongs to patients, not to doc­tors, and that our role is to accom­pa­ny them, by lis­te­ning to their wishes and needs.

Interview by Jean Zeid

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