Majority Rule: Israel Faces Pressure to Ban Smoking in Apartment Buildings After WHO Protocol

Israel is facing renewed scrutiny and legal pressure to implement extensive smoking bans in apartment buildings and private vehicles following a recent protocol published by the World Health Organization Framework Convention on Tobacco Control (FCTC), to which Israel is a signatory. The FCTC stresses that extending smoke-free regulations to multi-unit housing (MUH) is a critical public health measure that outweighs concerns about individual smoker autonomy.

The Conference of the Parties (COP) at the FCTC, in its November session, focused on reducing exposure to tobacco products across its 183 member states. The protocol highlighted the significant risks of second-hand and third-hand smoke permeating multi-unit housing and disproportionately affecting vulnerable populations.

Disproportionate Impact and Public Support

A supplementary FCTC document provided specific data regarding the situation in Israel, noting the urgency for legal protection. Seventy-four percent of the Israeli population lives in multi-unit housing, with 39% to 45% of residents reporting tobacco smoke incursion (TSI) into their homes.

The FCTC emphasized that those in the lowest income group are the most severely impacted by the lack of effective legislation and enforcement. Furthermore, children of non-smoking families living in MUHs exhibit higher cotinine levels, a measure of nicotine exposure, compared to children in similar single-family homes. Children in rental housing face even higher exposure than those in privately-owned housing. The most vulnerable populations, including children, the elderly, immunocompromised persons, and lower-income communities residing in older, lower-quality housing, are disproportionately exposed to persistent third-hand smoke residue.

Despite the strong public health case, the idea of a ban in private spaces often raises concerns about infringing on smokers’ personal rights. However, the FCTC’s legal analysis dismisses this argument, stating that any potential negative consequences are minor and largely avoidable. The document asserts that non-smokers, who generally constitute the majority of residents, have a fundamental right to clean air, a right reiterated in human rights treaties. This protection is deemed especially vital for those with limited housing options.

In fact, the FCTC concluded from an ethical perspective, the public health benefits of preventing harm far outweigh concerns about reduced individual autonomy. It further suggested that restrictions to protect children from smoke exposure in private spaces, such as vehicles, are comparable to already accepted laws, like mandatory seatbelts and car seats.

Legal and Legislative History

This international pressure aligns with ongoing legal challenges within Israel. In a development from last year, Israel's Supreme Court issued a conditional order demanding that the Environmental Protection Ministry, Public Security Ministry, and Health Ministry take action regarding the environmental disturbances caused by smoking in private homes when the smoke enters neighbors' residences. The court instructed the ministries to either enact guidelines or enforce existing environmental laws to address the cigarette smoke pollution.

This Supreme Court decision followed an appeal submitted in 2021 by the non-governmental organization Clean Air and six affected individuals, represented by attorney Amos Hausner. The victims included one individual who suffered a heart attack that doctors believed was caused by heavy smoking, despite the individual being a non-smoker suffering from neighbors' smoke, and another recovering cancer patient. As of April 14, 2025, a final ruling has not been issued in the case.

Previous legislative efforts, such as a 2018 bill put forward by then-Knesset Member Yehuda Glick to prevent smoking in homes, failed to pass before the Knesset dissolved.