Carla GAILLARD

Thesis in progress: Euthanasia and the end of life in France: Consent in a freedom conditioned by suffering and vulnerability.

The debate on euthanasia and the end of life in France revolves around a fundamental tension between patient autonomy and the need to protect the patient. While some European countries (Belgium, Netherlands, Switzerland) have legalized euthanasia and/or assisted suicide, France remains on a more restrictive stance, framing the end of life through the Leonetti-Claeys law (2016), which authorizes deep and continuous sedation without going as far as active euthanasia.
Historically, the question of the right to die with dignity has been the subject of much debate in France, notably with the Vincent Lambert case, which revived discussions on end-of-life and consent for patients in highly vulnerable situations. While some consider that the lack of legalization of euthanasia constitutes an obstacle to individual freedom, others believe that the current framework prevents abuse and protects people in fragile situations.

Technological and medical advances now make it possible to prolong life under conditions that raise ethical and legal questions. The recognition of advance directives and collegial decision-making procedures are attempts to provide a framework for consent, but their application remains uneven and sometimes insufficient.
At the heart of this issue, consent plays a decisive role: any decision concerning the end of life must, in principle, be taken by the patient himself, in a free and informed manner. However, physical and psychological suffering, the influence of relatives or caregivers, and possible cognitive impairment raise the question of the authenticity of consent.

Can we truly speak of a free choice in a context where pain and psychological distress potentially impair the capacity for discernment? How can the law frame and guarantee this freedom of choice without running the risk of biased or coerced consent?

This thesis project aims to analyze these issues by confronting the French legal framework with the ethical and medical challenges involved in assessing consent at the end of life. The aim will be to examine the limits of free and informed consent in a context of extreme vulnerability, as well as the conditions that would guarantee its authenticity.