France's Landmark Rulings: Assisted Dying Greenlit, Child Social Media Ban Blocked

France's top constitutional authority on Friday approved landmark legislation concerning the right to assisted dying, a decision hailed by President Emmanuel Macron's office as completing an "exemplary democratic debate" and providing an "essential safeguard" for citizens. This approval marks one of the major social reforms of Macron's second term, fulfilling a promise made after his re-election in 2022, and represents one of France's most significant social advancements since same-sex marriage was legalized in 2012.

The legislation, passed by parliament in July after years of debate, establishes a right to assisted dying for certain adults suffering from incurable conditions. With this ruling, France is set to join nations like the Netherlands, Belgium, Switzerland, and Canada, which have already legalized the practice. To be eligible, a patient must be of legal age, a French national or long-term resident, and suffer from pain that is either unresponsive to treatment or, in their view, unbearable if they have chosen not to receive or to stop receiving treatment. The patient will generally administer a lethal substance themselves, with exceptions made for those physically unable, who may be assisted by a healthcare worker.

However, the Constitutional Council did require clarification on certain provisions. Notably, the so-called conscience clause, which allows healthcare professionals to refuse participation in the procedure, must also apply to private healthcare facilities. This applies specifically where assisted dying is "manifestly contrary" to their mission, provided these facilities are not the only establishments capable of meeting "local needs," a specific demand from Catholic healthcare institutions that was met by the ruling.

In a significant setback for President Macron's administration, the constitutional authority struck down a proposed ban on social media access for children under 15. The Constitutional Council found that Article 1 of the legislation constituted an infringement that was "neither appropriate, necessary, nor proportionate" to the freedom of expression and communication of those under 15. Additionally, the Council expressed concern about the potential impact on privacy that would arise from introducing an age-verification system for all users.

This law, which had been slated to take effect on September 1, aimed to bar younger users from platforms such as TikTok, Snapchat, and Instagram, among other restrictions. The French government had promoted the ban as a crucial measure to better protect young people from the documented harmful effects associated with social media, including anxiety, depression, sleep disorders, and online harassment. Despite the ruling, Macron's office stated that the president remains committed to this reform and has no plans to abandon his push. He has tasked Prime Minister Sébastien Lecornu with drafting a new, "legally robust" version of the legislation as quickly as possible, one that considers both the Constitutional Council's ruling and the broader European regulatory framework. Macron's former prime minister, Gabriel Attal, who supported the original proposal, expressed his disappointment but vowed to continue fighting against what he described as "a deadly poison for our children." It is important to note that the Constitutional Council did not rule on a separate provision banning mobile phone use in high schools from September 1, as countries increasingly move to restrict social media amid warnings about its impact on children.