Catholic EHPADs face a difficult choice
“We must understand that the situation of Catholic EHPADs is variable,” explains Jean-René Berthelemy, the president of one of them, FNISASIC. In some, the congregation remains very present in management; in others, it has disappeared. The directors and referring doctors of these EHPADs are not all in the same position regarding active assistance in dying. »
The situation resulting from the Claeys-Leonetti law constituted a consensus; the emphasis was placed on the development of palliative care. But the legislative debates of recent months have put these establishments up against the wall. What to do if the bill is passed? Accommodate the evolution of French law while the Catholic Church refuses euthanasia? On January 14, the bishops of France reaffirmed: “We believe that a society grows, not when it offers death as a solution, but when it mobilizes to support fragility and protect life, until the end. The path is demanding, certainly, but it is the only one that is truly human, dignified and fraternal. »
Certain congregations such as the Little Sisters of the Poor have chosen a position of principle: “the heart of our charism is to accompany life until the end,” explains Sister Agnès, on behalf of her congregation. We will not practice active assistance in dying in our establishments. We make our position known to elected officials, in the media, and of course in our homes to our staff and residents. »
With other Christian-inspired congregations and establishments, the Little Sisters of the Poor went to meet senators and deputies by proposing an amendment: “We ask for recognition of the specific character of faith-based or Christian-inspired health establishments, allowing them to derogate from the obligation to implement active assistance in dying within them, while respecting the freedom of a resident who, despite everything, requests it. In which case the establishment would allow his transfer to another setting,” explains Sister Agnès.
For Jean-René Berthelemy, the battle is not lost. In the National Assembly, at first reading, the bill on active assistance in dying did not cause the tidal wave expected by the promoters of the legalization of euthanasia (305 votes for, 199 against, 50 abstentions). He warns against an impossible return to the past: “we will not be able to recognize that we were wrong. Who would then bear responsibility for these deaths? »
The main legislative dates on the end of life
1999, “Neuwirth” law: right to benefit from palliative care at the end of life and organization of the deployment of palliative care units.
2002, “Kouchner” law: right to refuse treatment and right to designate a trusted person.
2005, “Leonetti” law: it defines “unreasonable obstinacy” which becomes a benchmark for collegial discernment for teams, allowing them to decide to stop treatment for a patient who is no longer able to express his or her wishes. “Advance directives” can be drawn up, valid for 3 years and indicative for the doctor.
2012: François Hollande’s promise to go further than the 2005 law, by defining the cases where the occurrence of death can be accelerated.
2016: “Claeys-Leonetti” law. It makes “deep and continuous sedation” possible until death at the request of the patient if their suffering can no longer be relieved and their death is recognized as inevitable and imminent. However, it is not the sedation which leads to death but it is the natural evolution of the disease which leads to this terminal sedation being put in place. Advance directives become binding on doctors.
2022: Emmanuel Macron promises a citizens’ convention on a possible change in the law.
2023: the citizens’ convention comes out in favor of “active assistance in dying” in the form of legalization of assisted suicide and/or euthanasia.
April 2024: bill on access to active assistance in dying.
May 2025: two legislative proposals (on palliative care and on active assistance in dying) are adopted by the National Assembly.
January 20-28, 2026: examination in the Senate before vote.
