France • 🌿 Progressive

The right to die: reclaiming autonomy from state paternalism

The right to die: reclaiming autonomy from state paternalism

From the founding of the first euthanasia advocacy movements in the 1930s to the Belgian and Dutch laws of 2002, the trajectory of end-of-life rights has…

Daniel Borrillo, a bioethics jurist, published a tribune in Le Monde asserting that neither the State nor religious institutions hold the right to define what constitutes a "good death." His argument frames end-of-life decisions as a matter of individual sovereignty — a right that paternalistic governance has historically denied. 📅 The timeline: 3 key historical moments with exact dates explaining why this is happening now. **1936 — Founding of the Voluntary Euthanasia Society (United Kingdom):** One of the first organized movements to claim the individual's right to a self-determined death was established in London. This early advocacy demonstrated that the demand for autonomy at the end of life is not a modern invention, but a long-standing claim against institutional authority that has resisted recognition for nearly a century. **2002 — Netherlands and Belgium legalize euthanasia:** Both countries built regulated legal frameworks that recognized patient autonomy as a right enforceable under law. Critically, these frameworks were designed within robust welfare states — demonstrating that extending individual rights at the end of life is compatible with, not in tension with, strong social protection systems. **2005 — France's Leonetti Law:** French legislation moved partway toward recognizing patient agency by limiting therapeutic obstinacy and permitting sedation in terminal cases. But it maintained a prohibition on active euthanasia and assisted suicide — a line that critics, including Borrillo, argue reflects institutional deference to religious and conservative medical constituencies rather than the rights of patients. ↩️ The pattern: The history of rights over one's own body — from reproductive rights to marriage equality — consistently follows the same arc: institutional resistance, incremental compromise, and eventual recognition. What is different today is that the argument for end-of-life autonomy is being made from within the legal academy and published in one of France's most influential newspapers. The parallel with reproductive rights debates of the twentieth century is instructive: in both cases, the language of "protection" was used to deny individuals control over their own bodies. 🔄 Today: At EPM, we have documented how France's social crises — from climate inequality to failures in child protection — disproportionately affect those with the fewest resources to assert their rights. End-of-life autonomy is not exempt from this dynamic. Without a legal framework, access to dignified end-of-life options — quality palliative care, or legally recognized choices available in neighboring countries — remains contingent on economic means. Autonomy without equal access reproduces the very inequalities the welfare state was built to address. 📌 EPM Take: What Borrillo's argument reveals — and what mainstream coverage tends to smooth over — is that the refusal to legislate end-of-life autonomy is not a neutral position. It is a choice that has concrete victims: terminal patients who suffer without recourse, families who bear the weight of decisions the law will not allow them to make openly. France has taken decades to enact rights that other Western European democracies recognized in 2002. Each year of legislative inaction is not an absence of policy — it is a policy choice that falls hardest on those with the least power to navigate it. The question readers should ask is not whether France is ready for this debate, but who pays the cost of postponing it.
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