Abstract

The paper highlights the need to clarify the definition of “psychic capacities” and the difficulty in distinguishing between improved capacity and improved functioning. Before considering whether it is legally permissible to undertake an intervention on psychic capacities, and if so under what conditions, it is necessary to consider whether such an intervention is ethically appropriate. If the intervention is ethically appropriate, whether it is legally permissible according to the instruments of the Council of Europe will depend on the person's status (for example, whether the person is an adult or a child, or able or not able to give consent), the type of intervention proposed, and in certain cases the type of material used in the intervention. The paper discusses the regulations that are relevant to these different situations