ABSTRACT

This chapter explores the ongoing legal discourse on end-of-life care in France. It discusses the conflict between autonomy and paternalism in the French healthcare system. The chapter argues that this conflict is reflected in the debates on euthanasia and palliative care. It highlights the underlying tension between palliative care and the calls for a change in the legal status of euthanasia. End-of-life care in France can be traced back to Jeanne Garnier who along with two other women established the Association des Dames du Calvaire in Lyon in 1842. France is notable for the multiple pieces of legislation which address the provision of palliative care but also has a culture of medical care deeply rooted in a paternalistic tradition. In addition to Law n° 91-748 in 1991, there is Law n° 99-477 from 1999 which guarantees a right to access palliative care, the Kouchner law of 2002, Leonetti's law of 2005, and the Claeys-Leonetti law of 2016.