Advance Directives in Israel

This chapter explores advance directives in Israel. Specifically, the background behind legislation of the “Dying Patient” Act is articulated, which constitutes the main legal framework for advance directives in Israel, with an emphasis on the role that a combination of religion and politics has played in shaping this law. Then, the main aspects of the law in relation to advance directives are explained, including the (narrow) definition of the “dying patient” and its implications, actions that are forbidden and allowed, with respect to not prolonging the dying patient’s life, how emphasis on advance directives may go both in the direction of prolonging or refraining from prolonging the dying patient’s life, etc. These main legal aspects are also compared to the manner in which they were addressed before the law was enacted. Finally, the chapter shows how the restrictiveness of Israeli regulations for advance directives has actually led to their under-regulation in practice from various facets. This includes practical difficulties in their implementation, the many “shades of grey” in interpreting the law by healthcare providers, as well as legal critique and precedent questioning the Dying Patient Act. Possible cultural influence(s) in the Israeli context are also stressed.