The Claeys-Leonetti Law of 2016 is an evolution of the , both centered on the rights of patients at the end of life. Here are the main differences between the two laws:
Comparison of the two laws
The prohibits therapeutic obstinacy by banning unreasonable obstinacy. This prohibition is maintained in the Claeys-Leonetti Law of 2016.
Regarding advance directives, the 2005 law made them barely binding on doctors, who could choose not to follow them. In 2016 they become enforceable, meaning that the doctor must respect them, except in a life-threatening emergency or if they appear manifestly inconsistent.
The trusted person, already consulted under the 2005 law when the patient is incapacitated, sees their role strengthened in 2016: their opinion becomes the priority in medical decision-making.
As for sedation, the Leonetti Law authorized sedation to relieve pain. The Claeys-Leonetti Law introduces a major novelty: deep and continuous sedation until death, applicable in well-defined medical situations.
Access to palliative care, recommended but not guaranteed in 2005, becomes a guaranteed right in the 2016 law, affirming the obligation of healthcare institutions to offer it.
Finally, medical decisions already relied on a collegial procedure in 2005. In 2016, this procedure is clarified and strengthened, to ensure greater transparency and consultation in end-of-life decisions.
In summary
The 2005 law laid the foundations for dignified end-of-life care, by rejecting therapeutic obstinacy.
The 2016 law goes further by strengthening patients’ rights, making their wishes binding, and introducing deep and continuous sedation as an alternative to euthanasia.