Preview

Courier of Kutafin Moscow State Law University (MSAL))

Advanced search

Legal Aspects of Using the Results of Genetic Testing to Prove Ethnicity in the Law Enforcement Practice of the State of Israel

https://doi.org/10.17803/2311-5998.2022.97.9.131-141

Abstract

This article discusses the legal aspects of applying the results of genetic testing for the purposes of determining ethnicity. Remarkable in this context is the experience of the State of Israel, where the results of genetic testing are legally used to identify potential immigrants as persons with or without Jewish origin. Apparently, this direction of development of legal regulation contributes to a rethinking of the provision of national legislation regarding the definition of Jewish origin, which was not previously tied to the results of DNA testing. The article analyzes the legal context for identifying potential immigrants as Jews, as well as the right to immigrate in the State of Israel and provides an overview of relevant legal practice. In conclusion, the author examines the key aspects of the influence of law enforcement practice in the field of the use of genetic information on the development of national legislation in this area.

About the Author

D. V. Ponomareva
Kutafin Moscow State Law University (MSAL)
Russian Federation

DARIA V. PONOMAREVA, Deputy Head of the Legal Practice Department, Senior Researcher at the Center for Law and Bioethics in the Field of Genomic Research and the Application of Genetic Technologies, Cand. Sсi. (Law)

9, ul. Sadovaya-Kudrinskaya, Moscow, Russia, 125993



References

1. Altschul M. J. Israel’s Law of Return and the Debate of Altering, Repealing, or Maintaining its Present Language, u. ill. l. rev. 1345, 1352 (2002).

2. Foucault M. The birth of biopolitics: lectures at the collège de france 1978, 1979 (2010).

3. Kahn S. M. The Multiple Meanings of Jewish Genes. 29 culture, med. psychiatry 179, 192 (2005).

4. Maltz J. How a Former Netanyahu Aide is Boosting Israel’s Jewish Majority, One ‘lost tribe’ at a Time. — Haaretz, Feb. 19, 2015.

5. Prainsack В. Negotiating Life: The Regulation of Human Cloning and Embryonic Stem Cell Research in Israel. 36 soc. studiessci. 173, 205 (2006).

6. Richmond N. C. Israel’s Law of Return: Analysis of Its Evolution and Present Application. 12 dick. j. int’l l. 95, 100 (1993).


Review

For citations:


Ponomareva D.V. Legal Aspects of Using the Results of Genetic Testing to Prove Ethnicity in the Law Enforcement Practice of the State of Israel. Courier of Kutafin Moscow State Law University (MSAL)). 2022;(9):131-141. (In Russ.) https://doi.org/10.17803/2311-5998.2022.97.9.131-141

Views: 228


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)