1_politiqueScience
π Health and biotech π Society
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

Support accurate information rooted in the scientific method.

Donate