Legal Framework

Israel is one of the most progressive countries in the field of embryonic stem cell science, with the law permitting research involving embryonic stem cells and therapeutic cloning. Israeli law is based on principles from the Jewish faith and ethical system, which enjoys profound respect among the Israeli population.

The Israeli scientist Joseph Itskovitz-Eldor - one of the pioneers of human embryonic stem cell research - has the benefit of support from Israeli society, and his work is protected by lawIn general, Judaism places high value on a religious commitment to healing serious illness - an attitude that harks back to a profound respect for human life, although the obligation to save lives should not be at the expense of another life. However, in Judaism, the commitment to saving the life of a pregnant mother or protecting her health until the time of birth takes precedence over the ethical status of the embryo. In August 2001, the Bioethics Committee of the Israeli National Academy of Natural Sciences and Humanities issued a report on the use of embryonic stem cells in therapeutic research, in which the ethical issues were discussed in relation to Jewish law, and were contrasted with the Christian and Islamic viewpoints.

Thus, according to Israeli religious beliefs and law, in the early stages of embryonic development, the embryo is not regarded as a person but as part of the mother or her body and therefore enjoys no legal ‘protection of dignity’, as is the case for example in Germany, where this takes effect at the time of the fertilisation of the egg, or at the time of fusion of egg and sperm. In contrast, in Jewish faith and ethical teaching the ‘Halacha’, the time of separate status for human life or for the foetus as worthy of protection, presupposes an advanced stage of embryonic development (e.g. the implantation of the fertilised egg in the mother’s uterus) and thus, in comparison to German law, applies at a later stage, namely forty days following conception. Accordingly, surplus embryos bred outside of the womb and not implanted, such as following in vitro fertilisation (IVF), are also subject to a different ethical code, and have no legal status. This is because the fertilised egg or pre-embryo has no potential to initiate a pregnancy or to develop into birth, if there is no likelihood of implantation of the fertilised egg in the uterus, or if the parents have not made a decision to do so. Research involving so-called pre-implanted embryos is allowed in Israel, as with today's knowledge and technology, life outside of the womb is not viable. However, reproductive cloning, or the deliberate production and implantation of embryos for research purposes, is strictly prohibited.

Israel is one of the non-signatories of the Cartagena Protocol on Biosafety. The aim of this protocol is the protection of biological diversity from potential risks posed by living modified organisms, for example through cross-species gene transfer or hybridisation with wild plants. In 2006, a law was passed that required the registration of all ‘new foods’ that are genetically modified or contain genetically modified organisms (GMOs) or that derive from sources (algae, micro-organisms, plants, etc.) regarding which there is no long-term experience regarding food security and safety for human consumption. Excluded are food additives, such as flavour enhancers, aroma substances, amino acids and vitamins. The list of foods that come under this definition for registration can be found at the Offices of the Food Inspection and Nutrition Services. To date there is no labelling requirement for GM food approved for sale in Israel. In general, the GAIN report concluded great openness among the Israeli population towards genetically bred or modified products, and that even mandatory labelling of GM products would not affect sales.