France's Constitutional Council delivered a split verdict on Friday, approving the country's new assisted dying law while rejecting a proposed ban on social media access for children under 15. The ruling marks a significant moment for President Emmanuel Macron, who had championed both measures as part of his second-term reform agenda.
The assisted dying legislation, passed by parliament in July after years of debate, allows adults with incurable conditions and unbearable suffering to receive medical help to end their lives. The Constitutional Council's approval means France now joins the Netherlands, Belgium, Switzerland, and Canada in permitting the practice.
The Élysée Palace welcomed the decision, calling it "an essential safeguard for our fellow citizens" and saying it "completes an exemplary democratic debate." For Macron, who promised the law after his re-election in 2022, it is one of the most significant social reforms since same-sex marriage was legalised in 2012.
Conscience clause clarified
The Constitutional Council also clarified certain provisions, notably the conscience clause that allows healthcare professionals to refuse to participate in assisted dying. The ruling extends this right to private healthcare facilities where the practice is "manifestly contrary" to their mission, provided they are not the only establishments able to meet local needs. This addresses a key demand from Catholic healthcare institutions.
Under the approved law, patients must be of legal age and either French nationals or long-term residents. They must suffer from pain that is unresponsive to treatment or, if they choose not to receive or stop treatment, that they find unbearable. The patient will administer the lethal substance themselves, with exceptions for those physically unable to do so, who can be assisted by a healthcare worker.
Social media ban struck down
In a blow to Macron, the Constitutional Council ruled that Article 1 of the legislation, which would have barred under-15s from platforms like TikTok, Snapchat, and Instagram, was an infringement on freedom of expression and communication that was "neither appropriate, necessary, nor proportionate." The court also expressed concerns about the privacy implications of introducing an age-verification system for all users.
The government had promoted the ban as a way to protect young people from harmful effects such as anxiety, depression, sleep disorders, and online harassment. The law was due to take effect on 1 September, and Macron had pledged to enforce it by then.
Following the ruling, the Élysée said Macron had tasked Prime Minister Sébastien Lecornu with drafting a new "legally robust" version of the legislation, taking into account both the court's decision and the European regulatory framework. The presidency insisted that Macron's determination to see the reform implemented remained undiminished.
Gabriel Attal, Macron's former prime minister and a supporter of the ban, expressed disappointment on X, vowing to continue fighting against what he called "a deadly poison for our children." The Constitutional Council did not rule on a separate provision banning mobile phone use in high schools from 1 September.
The debate over children's social media use is not unique to France. A recent Portuguese study found that 18-year-olds are spending increasing time online, particularly on social media, raising questions about how European countries can effectively regulate digital spaces while respecting fundamental rights.
France's struggle to balance child protection with civil liberties reflects a broader European challenge. As Brussels develops its own digital rules, the French experience may offer lessons—and warnings—for other member states.
